AS we are experienced at running defendant hearings and have a demonstrated ability to represent you , we are well aware of how to question witnesses at court.
Domestic violence hearing matters
A few points on what can happen at court with witnesses.
I commonly have matters where a woman has claimed her husband has hurt her and called the police. I commonly am asked the process of a witness attending court.
A few things can happen in brief summary :
1. if your wife attends, she will need to give evidence before a Magistrate under oath and she must speak the truth – I therefore get the chance to cross examine her. It is therefore important to seek instructions on a defence. For example, did the defendant resort to self defence , or was the defendant provoked by the victim?
2. if your wife does not attend , the court will wait for her and the police can ask for a warrant for her arrest. The police MUST ASK the court for a warrant to arrest the witness and this is therefore at the discretion of the court. The police will attend her address and if she answers the door, she will be asked to come to court with police.
3. if she is not attending and the police cannot locate her, I will ask the Magistrate to withdraw the matter and finalise it because I will state she CLEARLY DOES NOT wish to attend court. The Magistrate has the discretion to withdraw the matter and usually will ask the Police if they have attempted to locate the victim and witnesses who have not shown up.
4. Subpoena – the witness is given a court document called a subpoena. This must be served on the witness effectively. It tells the witness they must attend court.