What to Expect in Court Guide – Family Law and Divorce Process

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What to Expect in Court
The rules are different in a civil case vs. a criminal case. Domestic relations cases, for the most part, applies civil laws, but there are times when your case could turn into a criminal matter. Not following a court order, for instance, can lead to contempt, which could lead to jail. But for the most part, your case will occur using the civil system.

You will be required to go through security when you get to the courthouse. Cook County courts allow you to bring in a camera phone, but many other courts do not. DuPage and Will County, for example, do not allow you to come into the courthouse with camera phones. Please check with our office before you appear in court so that you are not delayed at security. You will go through an X-ray machine, so do not bring in any type of weapon, which of course includes guns, but also knives and pepper sprays. They are not allowed. The court will not like you bringing any type of food or drink into court, and you should have your phone silenced and put away while you are in the courtroom.

There will be many cases up in court on the same day you are there. Although you are likely going to wait a while for your case to be called, you do need to be there on time. If your court date is at 9:00 a.m., you need to be there at 9:00 a.m., and not any time later. When you arrive, you should go to the front of the courtroom and let the court’s clerk know you are there. If your attorney arrived before you, that attorney will have already checked in, but it is a good practice to always check in and wait in the courtroom for your attorney. If your case is called, and no attorney is yet present, just stand up and let the court know you are there. Sometimes your attorney will have more than one case up that day. If you are planning on being in court, make sure your attorney knows that before the court day. Your attorney then can tell you if they’ve already arranged for your case to heard a little later in the day due to scheduling conflicts.

When your case is called, you will come up and stand before the judge. Once you approach the Judge, you will likely have to take an oath stating that your testimony will be truthful. Always be respectful to the court and speak up so the Judge can hear you. Answer any questions truthfully and make eye contact with the court. Your demeanor is important and you do not want to anger the Judge in any way. If you are before the Court and so is the person with whom you are litigating against, please know that you cannot banter back and forth with that person when you are before the Court. Court tv has led people to believe that yelling or fighting with your opponent in front of the Judge is an acceptable practice, but IT IS NOT. Your only comments can be made directly to the Court.

Most people don’t need guidance in this area, but you need to consider what you wear into the courtroom. You don’t need to wear a suit, but you also don’t want to look like you just got off the beach either. Don’t wear shorts and flip-flops. Don’t wear t-shirts with offensive language on them or illegal drug symbols. Act like you are going to church. Or are going out for a nice dinner in a fancy restaurant. How you look and sound in court could influence your case, so think about that when planning what you’ll wear that day.

Many people feel the need to say something to the Court, even though no question is asked of them. You need to resist this urge. Your lawyer will communicate what the Court needs, and oftentimes, you do not understand how your comments can hurt your case. Before you make any comments to the court, run those comments first past your attorney. Your attorney will let you know if you should say them, or stand there silently. Your lawyer is looking out for your best interests, so you need to follow their lead.

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