The Significance of Context

Giving evidence without offering the court the context in which the event or incidents take place is like watching pictures of flowers in black and white. In the absence of radiant colours you lose the beautiful visual affect produced when observing them.

The?resplendent hues and fragrance are what makes flowers stand out and appeal to our senses.

In a similar way providing evidence without explaining fully the context in which actions and behaviour take place is tantamount to giving the court only a part of the story.

Picture the scene. You’re in court listening to a parent giving evidence.

She’s a mother of a 12 year old daughter who has recently been placed with the father due to a violent incident between herself and the child.

She’s frustrated, angry, at times incoherent and on the verge of tears.

The barrister cross-examining her is having a ‘field day.’ He regards her with undisguised contempt and fires question after question at her. The mother doesn’t seem able to respond...at least not in a manner that is helpful to her case.

“How many times did you hit your daughter during the incident?”

“I...don’t know...”

“When she cried please stop, did you not hear her because you were in a fit of rage?”

Silence.

He continued: “And when she eventually broke free and fled to your neighbours, isn’t it true you dragged her back to your home threatening to slap her again if she didn’t stop screaming?”

The mother hung her head, locked in a silent battle, in an effort to control her feelings and muster a semblance of composure. Then, at last she focused her attention on the barrister. “I...know it looks bad,” she began, “but it wasn’t like that.”

“No.“ The barrister scoffs, “you tell us what it was like?”

There was a long moment of silence and then the mother mouthed. “She attacked me. That’s how it started...and it wasn’t the first time either. But this time whilst hitting me she went too far...she threatened to throw me over the balcony, and that’s when something snapped inside.” She sniffed and wiped ?tears from her eyes before continuing.

“She’s a big girl, already as big as me and strong – “

“The barrister interrupted her: “Do you seriously expect the court to believe that you’re the victim here?”

?

Can you see how information which initially looks one way can take on a different slant once provided with new pieces of information? That is why one of the biggest mistakes you can make is to fail to explain fully the context in which the situation occurred.

By explaining the context, or the events that led up to an incident you provide the court with a clear or better overall picture of what has transpired.

And one other point to remember, when you are in the witness box, it’s important to direct your answers towards the judge, not the person cross-examining you. You are not being rude by not looking at the barrister because it’s most important that the judge hears what you have to say.

It is also a good tactic to just angle your head all the time towards the judge, that way you don’t waste energy moving your head from side to side, also it often helps not to focus on the person cross-examining you, because in this way you can more easily maintain control of your emotions.

In my book Family Court: Giving Evidence in Family Court?you will find numerous tips on how to manage giving evidence and being cross-examined successfully.

?Family Court: Giving Evidence In Family Court: Amazon.co.uk: Watson, Michael: 9781527276642: Books?