Opening and Closing Statements at Domestic Violence Hearings

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Opening statements offer the ability for the use of language that a court will remember, often using a mantra that gets repeated during the testimony and at closing.

февраля 24, 2022 at 12:00 PM

By Toby Kleinman and Daniel Pollack | февраля 24, 2022 at 12:00 PM

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An opening statement should not be taken lightly. It is a calculated, vital first step. The purpose of an opening statement in every case is to provide a condensed version of the entire case. Unlike a movie trailer which will never divulge the ending, an opening statement is the attorney’s critical opportunity to alert the court of the client’s evidence, what the evidence will demonstrate, and to provide the court with a desired ending. In a case involving domestic violence there are critical issues to master. This is true whether you are in court to obtain a restraining order or before a court on a child custody or child abuse matter.

Opening statements offer the ability for the use of language that a court will remember, often using a mantra that gets repeated during the testimony and at closing. One such mantra for domestic violence cases is to assert that the law provides three “Ps”: protection, prevention and punishment. The law in domestic violence is designed for protection. It is also designed for prevention and punishment for further victimization. An opening is the time to alert the court why the victim or victims before it needs court protection and to give the court all the historical and current facts to show why.

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