Part 1: Learn the Procedures

Before you can prepare a child for court, you must first prepare yourself. Be prepared to answer your child's questions.

Learn the Procedures

Criminal cases

Criminal cases are designed to punish someone for wrongdoing.

Preliminary Hearing: held to determine if there some reasonable basis for bringing the charges.
Bond or Bail: a promise to appear for trial and to abide by the rules of the Court, might be posted by the accused.
Indictment: a formal charge.
Suppression Hearing: there is no jury present. The Judge decides if some evidence should be allowed in the case or not.
Sequestration: only one witness in the courtroom at a time, but remember that the defendant is always allowed in the courtroom.
Verdict and post-trial motions: a case does not end with a verdict of guilty. There will be a hearing for sentencing and other motions. Post-trial motions can take many forms and last for months, even years.
Civil neglect case
A civil neglect case is designed to remedy a problem.
Preliminary Hearing: evidence is presented to justify removing the child from their home.
In Camera or In Chambers: meeting with the judge out of the presence of the jury and maybe out of the courtroom.
Improvement Period: puts the evidence on hold, while someone tries to fix the problem without deciding guilt or innocence.
Adjudication: similar to a verdict. A decision by the judge about whether the charges have been proven and what needs to be done about them. Termination of parental rights is one of the options that can be applied here.

Part 2: Learn the Players
Who They Are

Prosecuting Attorney: presents the case against the abuser. In most cases where a government agency is involved, the Prosecutor also acts as that agency's attorney.
Guardian ad litem: the child's lawyer. In most situations, all children have GALs appointed to ensure that their rights are protected. However, the quality of representation varies widely.
Defendant/respondent: the person charged with the abuse or neglect or someone who allowed it to happen.
Defense attorney: protects the defendant's rights.
Judge: the person presiding over the hearings and other legal meetings. Makes the final decisions.
Court reporter: takes down every word spoken in the courtroom so that a record of the proceedings will be available.
Court clerk: keeps records for the court.
Bailiff: either a deputy sheriff or civilian to help keep order in the courtroom.
Jury: decides the verdict in a criminal case. The child should understand that the jury wants to hear what happened to them.
Special Advocate (CASA volunteer): appointed by the court to act in the child's best interests to carry out court procedures and to resolve any problems the child is having.

Part 3: Advance Preparation
Visiting the Courthouse

Fear of the unknown is perhaps the greatest fear that mankind and 'kidkind' can face. There are many terrible experiences in life but the worst are the those that are unknown. Usually what we imagine is much worse than the reality. And so it is with all new experiences, including going to court. As long as the courtroom and its players remain faceless they remain more frightening. Often, if you can provide a child with a field trip to the courthouse and meet some of the people there, their worry is reduced. For that reason, I think it is important for all older children to go and visit the courthouse before a hearing.

If no one calls you to arrange a visit, contact the Social Worker, Guardian, or Prosecutor and schedule a visit yourself.
Try to make sure that all three will be available before the hearing. But if they won't do it, go yourself. Most courthouses allow public access although some have heightened security and may not let you into the actual courtroom without one of the above being present.
Even if you have an appointment, be prepared to wait. Also, if more than one child is involved, the prosecutor will probably want to talk to each child separately.
Bring materials such as magazines, a coloring book or favorite doll to occupy their time. These things will help to make the courtroom and the people there a more friendly place.

Practice Court Procedures

If possible, the child should go through a bit of his or her testimony. This may not be appropriate on the first visit and you may have to come back a second time.

Other aspects of Court can be practiced such as speaking into the microphone, taking the oath, "All rise, Court is now in session", etc.

After all of the more required visits are made, you might want to go back on a more social basis, again trying to humanize the whole process. If no one else mentions it, you should mention to the child that sometimes several hearings are held and they may have to go back again.

Part 4: To Do & Not To Do
For Trials and Other Hearings

Keep in touch with the players so that you will know when and where the hearing will be held, if you have to be there, what time, or if you have to do anything special.
Be sure and let the child know what's going on. Even if they don't have to go to the hearing, they should know that one is scheduled. This will probably cause some anxiety but it will probably be less than if they come home from school and the Court's decision is "sprung" on them from "out of nowhere."
If the child does have to testify, you may not be permitted in the courtroom when that occurs. Make sure the child knows this and is prepared. Also, expect the unexpected. Even though you are not subpoenaed, you may be called to testify or to assist the child in the hearing. When going to court, assume nothing and you will not be disappointed.
At the end of the day, if not before, thank the child, regardless of the outcome. Court involvement is hard on adults but it is more bewildering and intimidating for children. Give them your support.
Things to Avoid
At all stages of this process be truthful, never lie.
Don't make promises you can't keep. No one knows how a court hearing will turn out, so don't say, "He'll go to jail for what he did"... "You'll never have to see him again" or "If you just tell them this once, you will never have to talk about it again."
Don't criticize any parties in the case or indicate that you think that they are a bad person. It's OK to say that the behavior was bad. An example would be to say, "Your father did a cruel thing to you," rather than "Your father was cruel when he did that to you". The difference is subtle but one attacks the behavior, the other attacks the person. Many neglected/abused children still feel affection for their abuser and attacking them may increase your child's feelings of guilt, confusion, worthlessness, etc. Also, from a very practical viewpoint, the child may repeat your words in court. Not a good thing to happen in a potentially adversarial setting.
If the child talks to you about the abuse, avoid using leading questions and accusatory questions such as, "Tell me how your Dad abused you".
Do not give the child gifts or rewards for testifying. It's not only all right but a good practice to praise them for testifying and telling the truth but a gift might give the outside appearance that you were influencing their testimony.
If you keep any notes or records about the case, do not let the child see them. This also will give the appearance that you are trying to influence their testimony.
A final note...
And finally, a word about the people we live with... our families. The above situation will not only alter your life but the lives of others in your family as well. Obviously, there will be stress from the hearing and all the feelings that are conjured up by it. But you will find that even simpler things, like missed meals or less time to spend with your family will become "larger than life" issues and may pull you closer together or tear away at your inner strength. Take time to recognize that this might happen and keep it in perspective if it does.

A court hearing, and the decisions made there, will be far-reaching but for the most part the extra stress will pass in a short period of time. Hopefully, the above will help you through it.

© by Emil Baldwin, Jr., LSW
© 2001 Reprinted with permission