There might be different types of remote hearings offered depending on where you live. It is important to talk to your local court officials to make sure you understand how things will work in your case. A fully remote hearing generally means that the whole hearing will be online. Both parties, the judge, and any witnesses will appear via Zoom or some other court-approved program.

A hybrid remote hearing can mean different things in different places. In some states, “hybrid” might mean that the judge and one party appear in person, while the other party appears virtually. In other states, “hybrid” might mean that some parts of a case are held virtually, while other parts are held in person. In that situation, all of the parties would appear the same way. For example, in a custody case, a motion to continue might be heard virtually, and all parties would appear online. But then the final custody trial might be held in person, and all parties might have to appear in person.

In many situations, the court will determine whether your hearing is remote or in-person. If you have a choice, however, here are some things to think about as you are making your decision:

PROS

• Safety – you will not have to be in the same physical location as the abuser;
• Convenience – you might not need to take time off work, get a ride to court, or find childcare;
• Flexibility and timing - in some places, you may be allowed to schedule hearings at specific times, or within short time windows, instead of waiting at the courthouse all day for your case to be called;
• Access - witnesses, victims, experts, and other important people may be able to participate in your case even if they aren’t located in your area.

CONS

• Clarity – it can be harder for people who aren’t familiar with the court process to understand what is happening during remote proceedings;
• Communication – if there are any issues with internet connections or confusion about technology, it can be hard to communicate effectively. This may also make it harder for you to get your points across or understand what the judge or the other party is trying to say;
• Distractions – if you are paying attention to things going on around you or trying to get your technology to work, you may not be able to focus on the court hearing or participate effectively;
• Privacy – if there is no option for you to blur or alter your background, everyone in the hearing will be able to see directly into your home. In a custody case, for example, a judge could possibly be influenced by something s/he sees in your home.

The process for your remote hearing will likely be similar to an in-person hearing in terms of the order of events during the hearing. For example, each party might be represented by a lawyer. Before you testify, you’d likely be sworn in by a bailiff or other court personnel. And if a translator is needed, the court should help to arrange for one to be in the remote hearing.

However, there will be some differences.  For example, you may be kept in a virtual “waiting room” until your case is called. If you have a lawyer, and you want to talk to them during the hearing, you may have to type them a message rather than being able to lean over to talk to them as you would in a courtroom. If you are calling in using audio only rather than using video conference software, you would not be able to see the other party, the judge, and any evidence the other party is offering. This may be difficult and put you at a great disadvantage.

Here are some things you can do to prepare for your hearing:

• Think about any documents or evidence you might want the judge to see. Your evidence can include anything that helps tell your story, such as medical records, photographs, text messages, phone records, etc. The judge will decide what evidence s/he is allowed to consider under your state’s rules of evidence. You may need to turn in (submit) all evidence and documents to the court before the hearing by scanning the documents or taking photos of them. The court should explain how and when you should submit documents. Find out the procedure as soon as you can. You don’t want to wait until the last minute in case there are problems.
• Have copies of the documents with you so you can refer to them easily during the hearing.
• If possible, set up for your hearing in a location where you will not be disturbed. Make sure that the audio and video equipment you are using is working properly.
• Make sure you know how you will receive the video conferencing link:
  • Will it be posted online? If so, do you know where to find it? Do you need a password to access it? When will the link be posted?
  • Will the link be sent to you directly? If so, when will you receive it? Does the court have the correct email address for you?

If you do not have the link by the date you expected to receive it, let the court know.

• Plan for your safety with a domestic violence advocate before the hearing. If the abuser does not know where you are, will s/he be able to figure it out from your video? For example, think about what the abuser will be able to see and hear in your video. Will there be familiar voices in the background or noises from outside that might give clues to your location? These are all things to consider when making a plan to stay safe.

Here are a few things to keep in mind:

• The court may conduct remote hearings through Zoom or other platforms (Skype, Webex, etc.) that require you to download software or install an app to join the meeting. The court should also provide you a link or phone number to join the hearing. The platform should be free but make sure to download or install it ahead of time. It may take time to fully download and you don’t want to be late to your hearing if you wait to do it until right before your hearing starts.
• If you need to create an account to use the platform, be sure to create it ahead of time and make sure you know your password.
• Try to test out the technology in advance. Make sure that you understand how to use the different features offered, and get help if you need it. The platform may have a “get help” section with a live chat option or phone number where you can ask questions.
• Think about your internet connection - some platforms use more bandwidth than others. Be sure your internet is still reliable while you use this platform.

Your goal is to be comfortable with the technology and the platform before the hearing begins. Virtual court is still court, and you do not want to miss what is happening because you are trying to get your technology to work. It is very important to be able to give your full attention to the hearing itself while it is going on.