An essential part of preparing your client for court is preparing her for cross-examination. She needs to know what to do when questioned by opposing attorneys or a pro se defendant. Explain the process and what types of questions the abuser or opposing counsel might ask. Reiterate that this is not a time to get into an argument, but rather to answer questions concisely and without a lot of explanation if possible. Explain that they should pause before answering so that you have a chance to object, and make sure they know to stop talking if they hear you object. Explain that often the party conducting the cross will be trying only to prove that she is an “angry” woman and so getting into an argument will only help the abuser’s case.
It is especially important to talk with clients about the possibility of being cross-examined by her former abusive partner. Reassure her that it is your job to object to any inappropriate questions or aggressive conduct and that you will come back after the cross is finished to ask questions and clarify any answers that seemed incomplete or misinterpreted. Also, tell your client that if it feels more comfortable, she may look at the judge, instead of the defendant, when answering his questions.
After you have discussed these issues with your client, role play the cross-examination. Make sure your client clearly understands that it is a role play to help her practice for court, and you will pretend to be aggressive and insensitive. Before the role play, you should brainstorm all potential issues for cross and focus on some of the most unfavorable facts in the case. Be sure to consult with your client about what she believes the abusive party’s strategy will be, and what kinds of things he will try to say or bring out to make her look bad or not credible.