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Advice for Court Hearing

  • finallyhere
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24 Mar 10 #194055 by finallyhere
Topic started by finallyhere
Advice for Court Hearing 23 Minutes ago
Hi,

I am in court all day tomorrow so that my ex-husband can contest the exparte orders I had put in place in december for non-molestation, occupation and residency.

I have legal representation for the hearing inc. a barrister but he is self-reping.

My solicitor has told me that he will be able to cross examine/question me on the stand tomorrow. Obviously I am pretty terrified at the thought of this - he is extremely eloquent as well as being manipulative and intimidating to me. My solicitor has said that I can address my replies to the Judge rather than having to look at him while answering.

Just wanted to know if anyone had any other tips I could use tomorrow? Im trying to keep calm and telling myself that all I need to do is stick to the facts. I have made some notes to jog my memory but to be honest I dont know what to expect.

Has anyone else been through this type of hearing?

Thanks,
finallyhere

  • TBagpuss
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25 Mar 10 #194198 by TBagpuss
Reply from TBagpuss
This may be too late, depending when your hearing starts, but just to confirm
- either your rep. or the Judge will intervene if the questions your ex asks are inappropriate
- if you don't know, or don't remember, it is fine to say so. No-one expects you to have a photgraphic memory
- if you don't understand the question, say so. It's up to your ex (or the Judge) to ask clear questions
- if you need time out, or are scared, say so. You cannot discuss the case with your solicitor/barrister while you are still giving evidence (i.e. during any breaks) but if you need 5 mins to get your breath back, you can ask for it.
- Judges are very familiar with how abusive partners behave - they will recognise controlling, manipulative or intimidating behaviour when they see it and will make their decision accordingly
- You can't generally refer to notes while you are in the witness box (other than your statement, which has already been filed)

Good Luck

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