The Trial

The Trial

• The case is presented in the courtroom by the prosecutor and the abusive person's lawyer. This is called "the main hearing" for the case.
• Witnesses can be called to say what they know. Children who are 15 years old or older must come to court to answer questions if they are called.
• If you had your interview at Barnahús, it will be shown in the courtroom. If you are still younger than 15, you don't have to go to court; otherwise, you'll need to come to court and talk about what happened again.
• The judge listens to everything that is said in the case.
• Your legal rights protector is present for the entire trial on your behalf.

Preperation for 15-year-olds and older

Your legal rights protector will let your parent (or guardian) know when you need to be there and will help you.

Going to the district court

Witnesses aren't allowed to listen to what people say before them. That's why you'll need to wait outside the courtroom until you're called in. You usually give your testimony after the abusive person and any other people who have experienced abuse.

Closed hearings

Most domestic abuse cases are not open to the public, specially where children are a part of the abuse. This means that no one unrelated to the case is allowed to sit in, and the media can't follow along.

The courtroom

In the courtroom are the judge, the prosecutor, the abusive person's lawyer, your legal rights protector, any other people who experienced abuse if there are, and the abusive person might be present too. To support you, there will also be a person from Child protection services whom you've talked to and know.

When it's your turn to speak, you'll walk into the courtroom and sit in the "witness stand." A witness stand is just a seat people sit in when they talk about something in the courtroom.

Courtrooms are usually small rooms. This means people sit close to each other. So the accused person might be sitting just a few feet from you. They are allowed to be in the room, but they often leave when people who experienced abuse are giving their testimony.

Asking for the abusive person to leave the courtroom

You can ask that the accused person not be in the courtroom while you are speaking. Your legal rights protector will ask for this. Sometimes the abusive person agrees to leave, but if they don't, the judge has to decide whether they should go or not.

Who sits where?

• On the left side of the courtroom sit the prosecutor and your legal rights protector.
• On the right side sit the abusive person and their lawyer.
• The judge is in the middle.
• It's good to just look at the judge and talk to them, or towards where the prosecutor and your legal rights protector are sitting, to feel supported.

The judge asks questions and guides you

• First, the judge will ask you your name. Then they will briefly explain how everything will work.
• The judge will say that you have to tell the truth and that it's not allowed to lie in court. This doesn't mean the judge thinks you will lie, it's just something they say to all witnesses.
• If the accused person is related to you, the judge will tell you that you don't have to testify.

What should you say?

• You'll tell what happened.
• Then, the prosecutor will ask you about specific details.
• After that, the accused person's lawyer can ask you questions.
• Sometimes your legal rights protector and the judge will ask questions too.

It's okay to be unsure

The goal of the trial is to find out what happened.

You are remembering something that was very difficult. It's important to let them know if you don't remember something or are unsure about it. Sometimes the judge, prosecutor, or lawyer will bring up what you said when giving your previous statement and ask if that description was correct.

After your testimony

After you have spoken, you can either leave the courtroom or stay if you wish.

Good to know

• Crimes are grouped by laws that are written in old-fashioned language and can be hard to understand. Your legal rights protector can explain what these laws mean in "plain language" for you.
• The judge and lawyers wear black robes with blue trim in the courtroom. This is a tradition that shows these people are doing an offical job within the legal system and are not acting on their own behalf.
• The verdict is not announced immediately. That can take up to a month.

Where is the case heard?

The case is usually heard in the district court where the abusive person lives. So you might need to go there to give your testimony.

How long does this take?

It usually takes around 6 months for the prosecutor to review the case before deciding whether to press charges or drop the case. If the case is dropped, nothing more happens with it.

If charges are pressed, the case continues to court:

1. Arraignment: The abusive person goes to court and says if they are guilty or not guilty. You don't have to be there.
2. Main hearing: This is the trial. If you are 15 or older, you will need to go and talk about what happened. This usually happens 1 to 6 months after the arraignment.
3. Verdict: This is when the court's decision is announced. You don't have to be there. This happens within a month after the main hearing.

Overall, the process from when the investigation finishes until a verdict is given can take 8 to 14 months.