Whether you are going to court for a civil or a criminal case, you may feel vulnerable and afraid in unfamiliar surroundings where you could have to see your abuser in court and/or reveal personal experiences about your abuse to a judge, with other people in the courtroom.

Don’t go it alone: try and bring a trusted friend or family member with you, or talk with a domestic violence program about court advocates or companions who can attend court with you and walk you through the process. If you testify against your abuser in a criminal case, many prosecutors’ offices offer victim advocates to accompany you to court. Court advocates and companions are not attorneys so they cannot give you legal advice, but they can provide useful information and support.

See JWI's Resource Directory to find a local domestic violence program that may offer a court companion

Before Court

You’ll be less stressed and anxious if you arrive at court prepared. Take care to plan not only the logistics of arriving to court but also engage in safety planning so you’re protected when you see your abuser. Practice getting to the courthouse; get comfortable with the transportation and parking arrangements, including costs so you can bring enough money the day of court.

If you are at all concerned for your security, contact the domestic violence unit of the sheriff’s office (usually located at or around the courthouse) ahead of time for an escort from the parking lot/bus stop/train station into the courthouse. Abusers often confront victims on court premises so it’s important to be safe and be prepared.

You also want to have a safety plan in place for before, during, and after the court hearing. You can contact the National Domestic Violence Hotline or  local domestic violence programs for help with safety planning.

Day of Court

The day before court, you should gather all your important documents to be sure you won’t forget anything. SET AN ALARM SO YOU ARE NOT LATE! You should bring:

• a paper with the name, address and phone number of your attorney (if you have one), the address and phone number of the courthouse, and the case number for your civil or criminal case.
• evidence you may want to show the judge, such as a protective order, hospital records, photographs, etc. MAKE COPIES OF ANY DOCUMENTS AHEAD OF TIME, AND BRING SEVERAL COPIES TO COURT. 
• On the day of court it is crucial that you arrive early to go through the security line and locate the courtroom. ALWAYS LEAVE EXTRA TIME!

If you have an emergency and can’t come to court, you need to contact your attorney and/or the court house so the judge can be notified of your situation. If you do not know the judge’s name, give the courthouse personnel your courtroom number so a message can be delivered to the appropriate person.

DO NOT FAIL TO APPEAR IN COURT IF YOU HAVE BEEN SUBPOENAED OR YOU COULD BE ARRESTED, and your case could be dismissed. If you are fearful for your safety, tell the prosecutor handling your case ahead of time so arrangements can be made to protect you or to try to resolve your case another way.

If you see your abuser in court, don’t speak with him, even if you think it's safe. Sit in another part of a main seating area. If he threatens or bothers you in any way, contact a sheriff or bailiff in the courthouse- they will be wearing uniforms. DO NOT BE ALONE WITH YOUR ABUSER, EVEN IN COURT. He may try to coerce you into testifying in some way or physically harm you. Do not leave the courthouse if you think he will follow you.

How to dress

It’s best to dress for court in business attire, as if you were going on a job interview. Choose conservative colors and styles, preferably without any writing. If your normal manner of dress includes a religious head covering or other items, you may wear them to court.

Entering the courthouse

All courthouses have security systems that may include metal detectors, wands and other security measures. Everyone entering the courthouse goes through these systems. By law, there are no weapons or guns allowed in the courthouse.

If you have an assigned courtroom for your case, check the courthouse docket -- frequently on computerized screens, posted in the lobby, or at the Information Center -- for any last-minute location changes.

Courthouse demeanor

You may feel nervous about being in court, seeing your abuser and/or testifying. When a judge speaks to you in court, always stand and address the judge as “Your Honor”- it is a sign of respect. Refrain from talking in the courtroom, and always turn off your cell phone and pager before entering the courthouse.

Bringing children to court

Whenever possible, it is the best practice to not bring children to court unless they are specifically subpoenaed to testify. Some courthouses offer day care supervision, but some do not. It is best to get a babysitter, family member or friend to watch your children because:

• seeing your abuser puts you and your children at risk, physically and emotionally
• court is a stressful environment and may traumatize children
• babies and young children may make noise that disrupt the court proceedings

After the court hearing
An abuser who’s angry over what happened in court may confront his victim after the hearing. If you are concerned for your safety you should ask the court to have a sheriff deputy accompany you to your car or help you get safely outside the courthouse. If the abuser seems agitated after the hearing you may want to stay with a friend or relative or in a shelter until you feel safe to return home.

It is crucial to have a safety plan in place- which you may need to revise- after a court hearing. You should contact the National Domestic Violence Hotline or local domestic violence programs for help with safety planning.

Information contained on this website should not be construed as legal advice.  Read full disclaimer.