Do I have to testify at the trial?
In most cases, you will be called as a witness. As the victim, it is important for the judge to hear you talk about what happened. You may be the only person who was there when your partner was violent. Telling the judge what happened is called “testifying”.
If you got a subpoena, you must go to court. If you do not go, the Crown can ask the judge for a warrant for your arrest. This does not happen very often, but if it does, the police can arrest you and bring you to court.
Preparing to testify
It may take many months or even more than a year between the day of the violence and the day of the trial. Reviewing your police statement or any notes you made can help you remember exactly what happened. But you will not have the statement with you when you testify.
If you want to meet with the Crown before the trial, VWAP staff can help you arrange a meeting and get a copy of your police statement to review. VWAP staff can also tell you what to expect in the courtroom. They may even be able to give you a courtroom tour before the trial. See Will someone help me if my partner is charged?
If your partner makes threats to try to stop you from testifying in court, call the police. Making threats to a witness is a crime.
Your partner or their family might try to scare you. If you are concerned for your safety, tell the police officer, court security, or someone at the VWAP.
Testifying in court
It is a good idea to get to the court early. This will help you to get settled and give you enough time to speak with the VWAP worker, the police officers, or the Crown if you need to.
As the victim, you will probably be the Crown’s first witness. But it may take a few minutes or longer until the court is ready to hear from you. If you feel unsafe or uncomfortable waiting in the hallway, you can ask to wait in the VWAP office. When it is your turn, usually the VWAP worker or the police officer will come with you into the courtroom. The VWAP can also send a support person to be with you in the courtroom when it is your turn to testify. Or you can bring someone to court with you. See Will someone help me if my partner is charged?
Once you are in the courtroom, you must promise to tell the truth before you testify.
The Crown will ask you questions first. Take your time and answer the questions carefully and honestly. If you do not understand the question, ask the Crown to repeat it or explain it. It is ok to say that you do not remember something. If you do not know the answer, do not try to guess. Just say that you do not know.
When the Crown is finished, your partner’s lawyer will ask you questions. If your partner does not have a lawyer, your partner may be the one to ask you questions.
Questions from your partner or their lawyer are usually harder to answer than questions from the Crown. They may try to make the judge believe that:
- you are making up what happened
- you were hurt by someone else, not your partner
- you tried to hurt your partner first and they acted in self-defence
- you are unreasonable or unstable
- your story cannot be believed
- you are doing this so you can get decision-making responsibility for your children
- you are doing this to try to get money from the Victim Quick Response Program+. See Compensation for victims of crime
You must answer the questions from your partner or their lawyer. If the Crown thinks the questions are not allowed, the Crown will stand up to object and tell the judge why you should not have to answer the question. If you see the Crown stand up while you are testifying, stop talking right away and wait. When the Crown finishes talking to the judge, the judge tells you if you must answer the question.
Answer each question honestly, clearly, and completely. Try not to give more information than is asked for. Often your partner’s lawyer may want you to just answer “yes” or “no”. It is ok to answer “yes” or “no”, but if you think “yes” or “no” is not a complete answer, you can explain why.
After you finish testifying, you can leave court. Or you can stay and watch the rest of the trial.
The Crown will bring in the other witnesses one at a time. Other witnesses might include doctors, police officers, the person who took pictures of your injuries, or neighbours who saw or heard the incident. These other witnesses wait outside the courtroom while you are testifying. They are not allowed to listen to what you say in court.
Children at court
It is best to find someone to take care of your children while you are at court. You might have to wait for a long time for your turn to go into the courtroom. Usually, children are not allowed in the courtroom because they might disturb the process.
Children can also be very upset by the things they hear or see at court.
If you cannot find someone to take care of your children while you are at court, ask the VWAP office if they can help you to find a solution.
Previous page Next page