Preparing for a Domestic Violence Hearing

When people think about domestic violence and the law, they often picture someone getting arrested and punished with jail time. Domestic violence is a crime, but it is also an important issue in family court. All states have laws that allow judges to issue restraining orders to protect victims of domestic violence and laws that require judges to protect children when making custody decisions.

Here is an overview of what to expect at a domestic violence hearing. If you're a party to a domestic violence case, you should contact an experienced attorney for help.

What Happens at a Domestic Violence Hearing?

In family law cases involving domestic violence, a judge will have a hearing to determine if a temporary restraining order or child custody order is necessary.

Stay-Away Protective Orders

Once the victim (referred to as the petitioner) files the request for a domestic violence restraining order, the court will schedule a hearing. At the hearing, a judge will decide whether enough evidence exists to support a temporary or permanent restraining order. Protective orders will often prohibit the abuser (referred to as the respondent) from contacting the victim in any way—in-person, calls, texts, emails, social media, or messaging—and from coming within a certain distance of the victim—at home, work, school, or anywhere else the victim frequents—while the order is in effect.

Child Custody Orders

In addition, if the parties have minor children, the judge may give the petitioner temporary custody of the children to help keep the children safe from abuse and prevent them from witnessing any further abuse. If the court finds that the abuser did in fact commit acts of domestic violence, the court may order that the abuser have only limited, supervised contact with the parties' children. In extreme cases, a judge may order that the abuser have absolutely no contact with the children. Eventually, a judge will issue a more permanent custody order based on the best interests of the child.

How to Prepare for the Domestic Violence Hearing

Both sides should prepare for the hearing by getting organized.

If You Are the Petitioner in a Domestic Violence Matter

If you're the petitioner, you must be prepared to provide the court with a thorough and complete history of your relationship with the abuser, including evidence of alleged past abuse; this is relevant to establishing the need for protection. Practice telling your story before you get to court.

Take photographs of any injuries—documentary and photographic evidence will add credibility to your presentation, particularly where the only other evidence is your own testimony. If you have medical records related to your injuries, have them ready to submit to the court. Concerning the actual incident giving rise to the domestic violence case, you must be prepared to give the court concrete details, such as the day, date, time, and place of the incident.

If you plan to seek emergency family maintenance (financial support) at your domestic violence hearing, you must testify as to your financial needs (such as rent, child care, food, and insurance) and the financial resources available to both parties (for example, income and liquid assets). Make a list of all of your income and monthly expenses, and provide the court with all supporting documentation. Get pay stubs and tax returns; if you can't get copies of the respondent's pay stubs, you can still put his or her income into evidence with a copy of your tax returns (if they are joint).

If You Are the Respondent at a Domestic Violence Hearing

If you are served with a complaint alleging domestic violence, it's important to find a lawyer who specializes in this type of case and is familiar with local court practices.

If you deny that the incident of domestic violence occurred, you must defend your case at trial. You would be wise not to try and represent yourself in court—instead, hire a family law lawyer or criminal defense attorney with experience defending domestic violence cases. Learn more about defending against a claim of domestic violence and what to do if you're served with a restraining order.

Resources

Most courts offer self-help resources with the necessary forms and instructions you need to request a protective order. The National Domestic Violence Hotline offers a directory of assistance providers that can help you find resources where you live.