In Court Testimony: Advice for Your Trial or Temporary Orders Hearing, Part Two

In our ongoing series at the Law Office of Bryan Fagan, PLLC, focusing on preparing for a temporary orders hearing, we’ve underscored the crucial importance of truthfulness on the witness stand and the often underestimated necessity of fully understanding the questions posed during testimony. If you haven’t already, I highly recommend revisiting our previous blog post for essential insights before diving into today’s discussion. These principles are pivotal in enhancing your readiness for the courtroom.

Today’s blog will go over how to answer the question being asked of you and control yourself when answering questions from opposing counsel that is intended to frustrate, annoy, or even anger you.

How answering the question that is asked can be easier said than done

“Do you know what time it is?”

This is a question I often pose to clients just before they are about to testify. Typically, the response I receive is a glance at their watch or a clock, followed by the actual time of day. While this seems like the correct response, it actually misses the mark in a courtroom setting. Let me clarify why.

When I ask if they know what time it is, I’m not asking for the current time. The appropriate answers should be either “yes” or “no.” Offering the actual time skips ahead in the questioning process. While eventually sharing the time may be necessary, I first need to establish that the client is aware of the time before proceeding with further questions.

This lesson is crucial for several reasons. During testimony, it’s important to understand the precise nature of questions to provide clear, concise answers that the judge can easily follow. Anticipating questions and jumping ahead risks disrupting the flow of testimony. This could undermine the attorney’s strategy in presenting evidence or establishing foundational information.

Navigating these nuances ensures effective communication in court and supports your attorney in presenting your case cohesively and persuasively.

Stay calm and answer

Attorneys will do whatever is legal and ethical to win cases and improve their clients’ positions. This doesn’t mean they’re unpleasant; it simply means they’re obligated to represent clients vigorously. Taking advantage of a witness who responds too eagerly or gets flustered is part of this process.

When your attorney questions you, always answer the specific question asked. If you veer off course, they’ll redirect you. Opposing counsel won’t be as forgiving; answering unasked questions could provide unnecessary information for the record.

Even if the opposing attorney appears friendly, assume their questions aim to weaken your case and aid their client. This isn’t sneaky; it’s the nature of adversarial proceedings. Listen closely, respond directly, and avoid offering more information than required.

Remaining composed during questioning means not reacting emotionally. Family law cases are personal and high-stakes; emotional responses can be exploited by opposing counsel.

Maintaining composure and answering precisely helps keep proceedings focused and your position strong.

Conclusion

We discussed the importance of credibility when answering questions about how the judge views you. Part of your job in a contested family law hearing is to prove that you can act in the best interest of your child under all circumstances. There is no better time to show that you can do so than when you are under pressure on the witness stand. Don’t take their questions personally, be respectful, and answer them as asked.

If a question “crosses the line,” your attorney will address that with the judge on your behalf.

In summary, preparing for a temporary orders hearing demands meticulous attention to detail and a steadfast commitment to honesty and clarity in testimony. As highlighted throughout our series at the Law Office of Bryan Fagan, PLLC, understanding the questions posed and providing truthful responses are fundamental to presenting a compelling case. Whether you’re navigating issues of child custody, support, or visitation, adequate preparation ensures you’re equipped to articulate your position effectively in court. By adhering to these principles, you can navigate the complexities of legal proceedings with confidence, knowing you’ve laid a solid foundation for your temporary orders hearing.

Contact the Law Office of Bryan Fagan, PLLC, today for a free Family Law consultation.

We thank you for the opportunity to discuss the critical issue of in-court testimony. If you have any questions on this or any other area in family law, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. A free-of-charge consultation is available where your questions can be answered.

Ebook

If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce“

If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!“

Other Articles you may be interested in:

1. Protecting Children’s Testimony in Legal Proceedings
2. The Crucial Role of Testimony in Legal Proceedings
3. If Marriage Wasn’t “Legal” Can the Court Grant a Divorce?
4. Tips on giving in-court testimony in your Divorce or child custody case, Part Two
5. Getting Ready for a Hearing On Temporary Custody Orders
6. Child Custody Geographic Restrictions in Texas
7. Geographic Restrictions in Child Visitation Orders in Texas
8. The Dirty Trick of Moving Out of State with the Kids
9. Can a Parent remove My Child from the state of Texas or from the County or Country where I am living?
10. Children’s Passports and International Travel after Texas Divorce
11. Child Custody Basics for Texas Parents Revisited
12. Child Custody Basics in Texas
13. What does it mean to go to trial in a Texas family law case?

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.