12.3.1 General Principles

A compelling direct examination is the foundation of a successful trial. A weak direct will lose your case much more quickly than a weak cross-examination. In domestic violence cases, direct examination sometimes makes up your entire case-in-chief, and the importance of conducting it skillfully cannot be overstated. The challenges associated with conducting the direct examination of a client who still suffers from the effects of abuse make the task of preparing for direct even more arduous. Many survivors, even those represented by attorneys, may clam up on direct examination in ways that can negatively affect their cases. Counsel clients on the need to tell their story to the judge and why.

In short, an effective direct examination of your client will do the following:

• Support your case theme with facts and details.
• Evoke specific and compelling imagery of your client’s experiences of being subjected to abuse.
• Minimize the impact of stereotypes about victims and strategies abusive former partner and their attorneys use against victims in family court.
• Establish the necessary factual basis for your legal claims.