How do I stand up for myself facing my abuser in court

[Queenie6655]

Court case in a few days

I'm so so worried

Yes I have done nothing wrong

He has made it all out to be my fault

He tried to kill me
Hurt my child
Knife to my throat

I'm so used to believing this man and letting him get his way that I have mentally prepared myself for a total and utter shambles ahead of me and to be victim blamed

Why didn't I leave
Why forgive him!!

I caused a lot of these problems by covering up for him

How will I stand up for myself in court and try to tell my story ??!!!?

You should have had the opportunity to look around the Court beforehand.

You should have been contacted by the Witness Service, who are court volunteers but can provide you with support at court and can actually sit behind you on the witness stand if you feel you need someone in your corner and don't have anyone else.

You could also have been accompanied by an IDVA or ISVA - again, they can accompany you onto the witness stand, although they are not allowed to speak, but all these arrangements have to be applied for well in advance, as with Special Measures.
The Witness Service can arrange for you to enter the court via a different entrance so that you don't have to come face to face with the accused.
The screen is actually just a curtain but you won't have see or hear him.
If you are having the screen, you should have been advised not to go back into the courtroom when you have given your evidence as it's thought that if you can face the accused you don't really need the screen.
The Police will tell you what day to attend court; be prepared for problems to arise and having to go home and go back the following day.
You really don't have to look at the Judge and you won't have the opportunity to do anything other than answer the questions put to you. These might not be about any of the issues that you think are relevant and you won't have the opportunity to elaborate or speak about what YOU may want to speak about.
If you need a break, you can ask for one as can the jurors.
You won't have a solicitor in a crown court - the prosecution are not representing you.

The CPS barrister should introduce themself before you give your evidence but they are not allowed to discuss the case with you.
It's not the case that they won't keep you on the stand for long or that they will necessarily be polite. That was certainly not my experience and I was on the witness stand for 4 1/2 hours.
It's also not the case that the jury won't be aware of previous convictions. If the accused has these in relevant offences the Police can make an application for bad character to be allowed and the judge can decide that this is something that the jury should be aware of - it is, however the judge's decision and of course depends on whether the police have made the application. If this is permitted, it does not necessarily mean that a jury will believe beyond reasonable doubt that he is guilty in this case and of course that is the threshold.
It's very hard and I'm sure that people are trying to reassure you but there is a lot of misinformation on this thread.
I wish you all the best.

waitinginvain not really sure what the pont of your post is. It's hardly helpful.

You are incorrect about previous convictions, the CPS, not the police, can make an application to the Judge to introduce evidence of previous bad character ie previous convictions in very limited circumstances, eg he alleges he is of previous good character.

I have been in court more than once where the judge has asked the witness to address answers to him.

Having given evidence in one case does not make you an authority and giving evidence for 4 1/2 hours is not the norm.

@wewereliars

Good advice, look at the judge and direct answers to him/ her.

Sounds like you've got it OP, best of luck.

The judge is likely to direct that anyone giving evidence look at the jury as they are the ones who need to be sure who is telling the truth.

@wewereliars The point of my post was to address some of the questions asked by the OP or points made by PPs. I can assure you it was intended to be helpful, as in mentioning the Witness Service, ISVA's/IDVA's as support, that there is no necessity for the OP to see the accused, that you can't really plan what you want/intend to say.
If I have made an error with regard to who makes the bad character application, I apologise, although this applied ime so perhaps not such limited circumstances.
I don't profess to be an authority on anything but perhaps have more experience of being a witness than you do. I did not say my experience was the norm, just that it was my experience. No-one told me this and I was unprepared.

@Queenie6655 I know how terrifying this is and am sorry if my post has come across the wrong way.

It might sound like a cliche, but when you tell the truth you don't have to remember anything. I had to face my abuser in court and all I did was tell the truth. I told it with a shaking voice and a trembling body, but I told it. I told it again and again. I stumbled my words, sure, but I didn't mess up my lines. What lines? It wasn't an act so I didn't have lines I had the truth on my side. And although it took a long time and many hearings, eventually it played out and although he didn't get sent down, he has done since. So that brings me peace that what I did was part of what made that happen.
One thing I have learned when dealing with abusers is not to Talk about your feelings about the behaviour, just the behaviour itself. So instead of saying "he scared me so much" you say "he was behaving in an aggressive manner." It's not about the effect it had on you specifically, it is about the effect his behaviour would have on anyone who were there. Try and stick to the facts and let him tie himself in knots with the usual hyperbolic resentful self pity cock waffle these kind of dickheads spout.

When you have answered a question, his barrister may sometimes say nothing, as though they're waiting for more, hoping that you'll do the thing that comes naturally to most people and talk more to fill the silence. If you've answered the question, don't do this, you don't have to. Just sit quietly and wait for the next question.

Wow guys these are all so useful my goodness

So hopefully if the loser claims he has never had form for this and he has a good character blah blah then cps can ask for his caution to be revealed ??

Got to say your responses have made me feel 100 times better about facing this scummy man

[quote WaitinginVain]@wewereliars The point of my post was to address some of the questions asked by the OP or points made by PPs. I can assure you it was intended to be helpful, as in mentioning the Witness Service, ISVA's/IDVA's as support, that there is no necessity for the OP to see the accused, that you can't really plan what you want/intend to say.
If I have made an error with regard to who makes the bad character application, I apologise, although this applied ime so perhaps not such limited circumstances.
I don't profess to be an authority on anything but perhaps have more experience of being a witness than you do. I did not say my experience was the norm, just that it was my experience. No-one told me this and I was unprepared.

@Queenie6655 I know how terrifying this is and am sorry if my post has come across the wrong way.[/quote]
Oh my gosh not at all

Thank you for taking the time to reply
All experiences here are so so appreciated

Must say I deal with a lovely man from witness support but it is very much brief contact as he has so many cases

@ScottChegg interesting

Ok so I would be of the belief that if there is silence then I need to reiterate what I just said or add to it

When really I need to clearly answer the question
Pause

Wait for the next one to come?

Yes. If you've clearly answered the question to your own satisfaction you can just wait for the next question. Don't just talk because there is a silence, wait for them to ask you something.

@ScottChegg

Yes. If you've clearly answered the question to your own satisfaction you can just wait for the next question. Don't just talk because there is a silence, wait for them to ask you something.

This is useful

As I would be so worried about any silence and that they would be waiting for more to come

@Queenie6655

You're being very brave - hope you've got a good supportive family and friends

I hope things progress and you can move forward from this you really do deserve better

It's a natural reaction. Which is why they do it! They're hoping you'll flap your gums and provide them with something they can use to undermine your evidence.

[quote omgthepain]@Queenie6655

You're being very brave - hope you've got a good supportive family and friends

I hope things progress and you can move forward from this you really do deserve better [/quote]
I have a fab family

They loved this guy so much and he attacked them also

Luckily I have the body cam footage from the police during the attack

So that may be played in court

Ughhhhh
This is all insane

But MN and so many lovely kind people helped me so so much xxxxxxxxx

I’ve recently been to court as a victim but in a different situation to yours. I would say look at the victim code and witness charter to see what you’re entitled to as chances are with how disorganised the system is you’ve probably not been offered the support you’re entitled to. You could also Victim Support or request an advocate.
My case was supposed to last five days but lasted eight due to issue after issue with witnesses, jury selection etc. Expect a lot of waiting around. I’m sorry to say my experience was more traumatic than the crime itself so please ensure you have support. I hope your experience is better than mine.

@sashayaway2021

I’ve recently been to court as a victim but in a different situation to yours. I would say look at the victim code and witness charter to see what you’re entitled to as chances are with how disorganised the system is you’ve probably not been offered the support you’re entitled to. You could also Victim Support or request an advocate. My case was supposed to last five days but lasted eight due to issue after issue with witnesses, jury selection etc. Expect a lot of waiting around. I’m sorry to say my experience was more traumatic than the crime itself so please ensure you have support. I hope your experience is better than mine.

So sorry to say this

So for waiting around you mean I need to actually be there or can just be called o W day to come in and attend?

I was so nervous before I gave evidence that I requested beta blockers from my GP. I think it helped.
Scottchegg gives good advice about the silence, another thing I would add is that the barrister may ask you the same question multiple times in different ways. They are absolutely not allowed to "badger the witness" and I was advised to simply say "I have answered that question".
In the moment it's more difficult to see things clearly but I did realise I was being badgered and I did reply exactly as advised. It was shocking how quickly the barrister backed straight down so they obviously try it on despite not being allowed.
Quite satisfying actually.

It will be really hard on you and you will have to be really brave. I understand how this is circling around your brain and the terror you feel.
Once you have done this, nothing will ever seem as hard again and you will be able to tell yourself "I did that, I can most certainly do this".
Your truth is a gift to the world.

Criminal barrister here. A few thoughts. First I hope it goes well and your anxiety is of course completely understandable.
You’re in the crown court. The judge WILL know all about previous convictions. There is very likely to have been an application by cps to have some ruled admissible (jury allowed to know about them) defence argue against this. Judge rules. There all sorts of rules governing this and the judge will be bound by those rules. So if the jury are not told of convictions it will be because the judge found them either to be spent or prejudicial or irrelevant or in able of coming within categories where they are admissible.
As a prosecution witness you DO have an advocate. The cps barrister is your barrister. They will call you to give your account and they will cross examine the defendant.
Do NOT see the defence barrister as trying to trap you or attack you etc. To reduce your anxiety try to understand that what they do is put their clients case. They have a professional duty to do that. They are not themselves saying they think you are lying or whatever but their clients case is that. It is their job to do this. They would do the same fin you if you were the defendant. The jury will decide - no one else. I know that understanding this can reduce anxiety and help when being cross examined by defence.
Support op.

@HeronLanyon thanks for clarifying that. I thought the judge would know for sentencing, but wasn't 100%. Good for OP to know.

No probs. Judges pretty much have everything and oversee what and why and how and for what reason etc etc the jury are told various categories of difficult stuff. This includes eg previous of prosecution witnesses and hearsay evidence etc. All subject to judicial rulings if applications made to include or exclude things.

@oh am I really
That's a very good point thank you

@HeronLanyon

This is just so useful and I really appreciate you taking the time to post

So
I think - his precious conviction 4 years ago for trying to kill his wife is relevant to this case as this is exactly what he did to me
So I would hope this is allowed to be considered

We shall seem

This thread has helped hugely !!!

I really appreciate all the kindness

It sounds relevant certainly. But the other side of that coin is that it may prejudice the jury (if he’s done it once then he’s done it now) improperly. Prosecution have to prove the case on evidence.
Also meant to say that duty of defence to put their client’s is so strong that if they were not to do so they could very well be disbarred.
Also even if a previous conviction is not disclosed to the jury during a trial, if the defendant is found guilty it does become relevant when the judge imposed sentence. How much depends on what type, relevance, how long ago eg what it might tell a judge about offending patterns.
At court there will be someone who helps you with where to wait, when to come into court etc.
Hope it goes well. I am mostly defence and second my life cross examining prosecution witnesses. I’d advise you to take your time, understand the question before answering it, to say you don’t remember something if that is the truth, to add something if you hear your answer and think ‘that was crap’ you can say ‘sorry I want to add something to that’ to breathe and try not to be flustered so that you get in a muddle. You’ll be given your statement to read through before giving evidence.
If you are not used it it (many of us aren’t) get used in your head to saying things like ‘no that’s not right’, ‘that did not happen’ etc. Firmly and politely. When necessary.

@HeronLanyon

It sounds relevant certainly. But the other side of that coin is that it may prejudice the jury (if he’s done it once then he’s done it now) improperly. Prosecution have to prove the case on evidence. Also meant to say that duty of defence to put their client’s is so strong that if they were not to do so they could very well be disbarred. Also even if a previous conviction is not disclosed to the jury during a trial, if the defendant is found guilty it does become relevant when the judge imposed sentence. How much depends on what type, relevance, how long ago eg what it might tell a judge about offending patterns. At court there will be someone who helps you with where to wait, when to come into court etc. Hope it goes well. I am mostly defence and second my life cross examining prosecution witnesses. I’d advise you to take your time, understand the question before answering it, to say you don’t remember something if that is the truth, to add something if you hear your answer and think ‘that was crap’ you can say ‘sorry I want to add something to that’ to breathe and try not to be flustered so that you get in a muddle. You’ll be given your statement to read through before giving evidence. If you are not used it it (many of us aren’t) get used in your head to saying things like ‘no that’s not right’, ‘that did not happen’ etc. Firmly and politely. When necessary.

Oh this is so so helpful

Ok many thanks for this

Also just wondering if I need to be in the waiting rooms throughout or just called in on one specific day?

Thanks again feel so grateful for the decent people who helped me on here
From the moment I fled this horrific man until now xxxxxxx

You’ll almost certainly be needed on day one unless there are a lot of pre trial applications etc. you are likely to be the first prosecution witness called - medical and police etc come after alleged victims (apols for defence language there). It sometimes happens that witnesses are ‘stood down’ until a certain time or the court hasn’t room as another case has ‘gone long’ or you end up having to come back following day.