Is testifying that bad?

[Lauram78]

What is the name of your state?

About a year ago I broekup with my bf due to domestic violence. The last time he smacked me was pretty bad, I mean there was visible blood that the police officer saw when he came to the scene. SInce then I have gone to court a few times but has gotton ajourned b/c the DA would like to bring up his past abuse. The thing is I am absolutely so nervous to testify...Maybe b/c he is completely denying he did anything and saying I am "crazy". What types of questions will the defense attorney ask me?? His lawyer is claiming that they're is absolutely no shot in me "winning this case" b/c there are several witnesses that are on his side. All I want is a order of protection, no trouble. Will the jugde grant me that at least? Will I be able to talk about his past abuse prior to the arrest? I would appreciate any advice.

 

[brknhearted]

You should have no problems getting an Order of Protection. Judges tend to hand those out rather freely.

 

[Lauram78]

Well that's the thing he is fighting against the order, he was arrested for harassment/assault and the DA offered him just a harassment charge but wouldnt take it. He doesnt want anything!!! Basically wants to go into court and walk get this completely wiped off his record, Not even an order for the next two years. I would rather just keep the order in place b/c my life has been in peace since.

 

[brknhearted]

If there is a history of violence between you two then that'll give the judge more reason to put the Order in place. Judge's hand them out fairly easily, mainly so if anything does happen their name doesn't get all over the headlines. Just tell the truth and the judge will more than likely put the order in place. Due to his history it's even more likely you'll be granted the order.

The only real battle in court is when/if he is prosecuted for violating that order, it better be for a good reason or the judge probably won't be too happy with either of you.

 

[Lauram78]

Well he has not violated the temp order since it has been issuesd He has not contacted me or driven by my house since he has been arrested. However, I am not saying it is him but I do recieve many restricted calls all hours of the night. And peole have told me to stay away from him as he is very angry that I had him arrested so I afraid now more than ever. He has lied and said that I hit him and he was using self defense...That's a downright lie but will that matter in court?

 

[brknhearted]

He has lied and said that I hit him and he was using self defense...That's a downright lie but will that matter in court?

It doesn't matter what he says at the hearing for your OP. As long as you feel threatened and you're in fear the judge will grant it.

IN regards to the DV case that's a whole other matter, you should get an attorney for that if you can afford it.

EDIT: Removed advisement which would result in violating the law.

 

[OhWhatADay]

I understand your fear and frustration. I know that my abuser is also a liar. He has called me crazy, asked me how something got broken that he just broke, how I got a bruise that he just caused then said I've been drinking lately when I havent. Said that I am going overboard and overreacting, blah blah blah. I'm sure everybody here could give you a pretty interesting list of the rotten things that can be said. At the end of the day, I have to tell myself that I will not live in this level of fear. He's caused enough of it. I've got to believe that the truth will prevail and to give just a little more thought to anything I do that involves him in any way. I have a PO now, so there will be no contact. BUT, he still gets mail. The Judge said that I could give that mail to a neutral party for him. I started to mail it, then thought about how convenient it would be to accuse me of putting a nasty letter in with the mail. I will hand the loose mail to a third party, or I will ask the post office to forward it. I posted a few minutes ago, and probably should have included that post as a reply to your original message. Nothing fancy, just my experience at the PO hearing. I hope it in some way helps to ease just a little bit of your fear. Gods knows I understand it.

 

[>Charlotte<]

Lauram, please make sure you check in with this thread later. So far, you're not getting very good advice. Please give the people who know what they're talking about a chance to get home and see this.

 

[Silverplum]

Lauram, before you take advice, check out a poster's history by clicking on their name.

 

[Lauram78]

What is the name of your state? FL

About a year ago I broekup with my bf due to domestic violence. The last time he smacked me was pretty bad, I mean there was visible blood that the police officer saw when he came to the scene. SInce then I have gone to court a few times but has gotton ajourned b/c the DA would like to bring up his past abuse. The thing is I am absolutely so nervous to testify...Maybe b/c he is completely denying he did anything and saying I am "crazy". What types of questions will the defense attorney ask me?? His lawyer is claiming that they're is absolutely no shot in me "winning this case" b/c there are several witnesses that are on his side. All I want is a order of protection, no trouble. Will the jugde grant me that at least? Will I be able to talk about his past abuse prior to the arrest? I would appreciate any advice.

All I want to know is what types of questions I can expect to be asked? I understand that by calling the police, I made a choice to put this person and jail and follow through with what I started. I know I cannot backout and have to suck it up and testify. But the DA is pretty much telling me it's not going to be easy. So for your folks who have gone though this I was just wondering what it's like that's all

 

[brknhearted]

The DA should be able to tell you what kind of questions you can expect.

 

[Kape239]

Before you go up there, they will prepare you. You have nothing to worry about. Just stay calm and tell them what happened.

 

[Silverplum]

Lauram, I have received a message that one of our best, kindest DV volunteers will be here tonight to respond. Please check back, ok? We care about you!!

 

[CdwJava]

About a year ago I broekup with my bf due to domestic violence. The last time he smacked me was pretty bad, I mean there was visible blood that the police officer saw when he came to the scene.

There was visible blood?

Was he arrested or charged? Did you tell the police what happened and that he did it?

SInce then I have gone to court a few times but has gotton ajourned b/c the DA would like to bring up his past abuse.

A "few times" for THIS offense (mentioned above) or for something else?

The thing is I am absolutely so nervous to testify...Maybe b/c he is completely denying he did anything and saying I am "crazy".

Understandable. But, in court he won't be able to say you're crazy without substantiation. He can't just SAY it unless the DA is asleep.

What types of questions will the defense attorney ask me??

About what happened ... about any lies you have told to the police before ... he'll ask anything to make you look like either the aggressor or a liar - or both.

His lawyer is claiming that they're is absolutely no shot in me "winning this case" b/c there are several witnesses that are on his side.

His lawyer is PAID to say that sort of thing.

ARE there witnesses that will contradict your account? if so, how come they won't be able to support your account of the events? Was he defending himself from you, or could it be twisted that way? Was it a mutual assault (i.e. you both fought with each other)?

All I want is a order of protection, no trouble. Will the jugde grant me that at least?

Hard to say. While an initial order might be relatively easy, if he contests it (and he probably will) you will have to show that he is a danger to you. Witnesses and police reports can go a ways to show this.

Will I be able to talk about his past abuse prior to the arrest?

For the restraining order, probably yes. For the criminal trial (if there is one), probably not ... unless it becomes an issue somehow. Past acts don't prove the current assault ... but, there are ways that his past COULD be brought in during a trial.

- Carl

 

[quincy]

Lauram -

If you haven't already, call 1-800-799-SAFE, which is the Domestic Violence Hotline. They can put you in touch with a domestic violence volunteer from a shelter near you, who can accompany you to court. It is important that you do not go to court alone, and these volunteers have experience in dealing with protective orders.

Plan on getting to court an hour or more before the hearing (and before your abuser). Bring the domestic violence worker and/or friends or family members so you are not alone. If you find you must travel alone, have the police department send an officer to take you. In court, travel in the group you came with. Find someone who knows the court wel to assist you. Ask the baliff to keep your abuser away from you while in court. After the hearing, have the judge detain the abuser or you should wait until after he leaves. Again, leave with the group you came with and/or a police officer.

The Domestic Violence center near you can tell you exactly what to expect in court - as they often accompany abused women to court. They are trained to do so.

Wait for other responses.