Cecily Zamora
Family law court proceedings are generally not open to the public, as they are considered sensitive matters. However, there may be exceptions, and it is ultimately up to the judge's control of the courtroom. Family law cases are private and do not usually involve members of the public. The courtroom layout is typically simple, resembling a large meeting room with two or three rows of tables. The judge sits behind a raised desk, with the legal teams for both sides sitting in front of them.
| Characteristics | Values |
|---|---|
| Open to the public | Yes, but the judge or support magistrate can exclude the public depending on the case and privacy interests. |
| Courtroom attire | Formal wear is not necessary, but clothing like shorts, halters, tank tops, midriff-baring attire, beachwear, flip-flops, and t-shirts with offensive graphics or words are not recommended. |
| Electronic devices | Turn off smartphones, tablets, smartwatches, and other electronic devices before entering the courtroom. Fines may be imposed if these devices create noise during the proceedings. |
| Photography and recording | Taking photographs or recordings inside the courthouse is prohibited. |
| Witness stand | In family law cases, it is unlikely that you will answer any questions yourself. |
| Legal team | The legal team will have separate but equally important roles. |
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What You'll Learn
Family court proceedings are open to the public
If you plan on attending a family court hearing as a member of the public, it is advisable to check the court calendar in advance, as some counties only handle specific case types on particular days. Additionally, remember to follow courtroom etiquette, such as dressing appropriately, turning off electronic devices, and refraining from disruptive behaviour.
It is worth noting that family law cases are generally private and not attended by the public. This tradition, a century old, intends to prevent barristers from being recognised in public by those they have represented against. However, this perception is often influenced by television and film, where dramatic courtroom scenes are portrayed, including witnesses being subjected to intense questioning. In reality, family law cases are more likely to be conducted in modern courtrooms that resemble large meeting rooms.
While family court proceedings are open to the public, certain individuals may be excluded, such as those who may be called as witnesses in the case. Additionally, juvenile proceedings are different, and special considerations may apply for young children attending hearings. It is always advisable to check with court officials or legal professionals for specific guidelines regarding public attendance at family court proceedings.
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The judge can exclude the public
Family court proceedings are generally open to the public. However, the judge can exclude the public from the courtroom. This is a discretionary power that a judge may exercise depending on the nature of the case and the privacy interests of those involved.
For instance, the public may be excluded to protect the privacy of victims of domestic violence. In such cases, the court may issue an exclusionary order, requiring the respondent to stay away from the victim's home or excluding them from their shared residence. This is done to prevent further abuse and ensure the victim's safety.
Additionally, a person may be excluded from the courtroom if they are to be called as a witness in the case. This is to ensure that their testimony is not influenced by what they may hear during the proceedings.
Furthermore, the judge may exclude the public if the case involves sensitive matters that are not suitable for public disclosure. This could include cases involving juveniles, where special considerations are made to protect the identities and privacy of minors.
It is important to note that the decision to exclude the public rests solely with the judge, and there may be varying practices and procedures in different jurisdictions.
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Courtroom etiquette
In general, family court proceedings are not open to the public due to the sensitive nature of the matters discussed. However, there may be exceptions, and some family law hearings are held in open court. If you wish to observe a family law hearing, it is recommended that you do so in a courtroom other than the one where your case is being heard.
When attending a family law court hearing as a member of the public, it is important to follow proper courtroom etiquette. Here are some guidelines to follow:
- Dress neatly and respectfully. While you don't have to wear a suit, it is important to show respect for the court through your attire.
- Arrive early and plan your visit by accessing the daily law list online. This will help you understand the schedule and nature of the cases being heard.
- Remember to turn off your smartphone or any other electronic devices before entering the courtroom. Taking photographs, recordings, or transmitting the trial in any way is strictly prohibited and may result in fines or confiscation of your device.
- Be quiet, watch, and listen during the proceedings. Courtrooms are formal places, and talking or making distracting noises is not allowed.
- Stand when the magistrate or judge enters the room or when the court commences or takes a break. This is a sign of respect for the judge or magistrate, who is in charge of the court.
- If you are a witness, be prepared to answer questions truthfully and clearly. Avoid interrupting others when they are speaking, and wait for your turn to respond.
- Be polite to the judge, registrar, and other parties involved in the case. Address them respectfully and follow any directions they may give.
- Take notes to keep track of what others say and to jot down any points you wish to make when given the opportunity to speak.
- If you are a family member or friend of the defendant, you may not speak directly to the judge unless asked to do so. If you wish to speak, let the attorney know in advance of the hearing.
- Do not bring any weapons, food, alcoholic beverages, or illegal substances into the courtroom. These items are prohibited and will be confiscated.
- You may be required to present photo identification when entering the courthouse, and your belongings will be scanned through a metal detector and X-rayed.
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What to wear to family court
Family court proceedings deal with sensitive matters, and the public is generally not allowed to sit in on them. However, there are exceptions, and some family law hearings are open to the public. If you are planning to attend a family court hearing, it is important to dress appropriately as it can impact how you are perceived and even the outcome of your case.
When attending family court, it is advisable to dress professionally and conservatively. For men, business attire is preferred, but business casual is better than everyday attire. A collared shirt is always preferable to a non-collared shirt. A polo shirt with khaki or dress pants and leather shoes is a good option, and if possible, a sports coat, collared dress shirt, and tie are ideal. A full matching suit is the best choice. It is also important to tuck in your shirt, wear a belt, and ensure your clothing is clean and well-maintained. Avoid clothing with large brand names or showy graphics.
For women, a blazer that falls at the hip is a good choice. While it is not necessary to button blouses to the neck, it is recommended to avoid leaving more than the top button unbuttoned. Pumps are a classic footwear option, but closed-toe shoes and tights are also suitable, especially as courtrooms can be cold. A dress that falls just above the knee or longer, paired with tights, is a good option, but avoid showing too much cleavage. As with men's clothing, ensure your outfit is clean and well-maintained, and avoid bright colours, prints, patterns, or anything too "shocking".
In general, you should aim to look mature and responsible, and dress as you would for a job interview, church, or a semi-formal social event. Prioritize hygiene and grooming, and be mindful of any strong scents from perfumes or colognes. It is also important to be punctual and remember to stand when addressing the court.
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The layout of a family courtroom
The layout of a courtroom is deliberately designed to impart the seriousness of the proceedings and allow the various participants to best see and hear what is going on. The design also serves a practical purpose, creating the necessary sightlines and hierarchy for the courtroom proceedings.
The judge's bench is usually raised for optimal viewing across the courtroom. It is typically a wooden desk or podium at the front of the courtroom, where the judge sits. The judge's bench is served by a stair and shared with the witness stand lift. The witness stand also has a raised dais, providing a better view of the courtroom. The courtroom deputy clerk and law clerk stations are on a slightly lower raised dais than the judge's bench.
The jury box is typically located to the side of the room, allowing jurors to see the defendant, witnesses, attorneys, judge, and exhibits. The jury box is on a raised platform, with two levels, the higher of which is 12" above the courtroom floor. Jury seating usually consists of fixed, swivelling chairs with clear floor space to accommodate wheelchairs.
The public seating area, or gallery, is usually separate from the jury box and has a raised floor. Spectator seating is typically wooden pew-type seating or may be upholstered auditorium-type seating. Assistive listening systems are provided for people with hearing disabilities to ensure access to the court proceedings.
The judge usually has a private office, or chambers, located adjacent to or behind the courtroom. This is where the judge and attorneys may hold conferences during a trial or other proceedings.
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Frequently asked questions
Family law cases are generally private and not attended by members of the public. However, family court proceedings are open to the public, but the judge can exclude the public depending on the case and the privacy interests of those involved.
While federal court is more formal than most state courts, formal wear is not necessary. However, it is recommended to avoid clothing such as shorts, halters, tank tops, beachwear, flip-flops, and t-shirts with inappropriate graphics or words.
Yes, electronic devices must be turned off before entering the courtroom. Taking photographs or recordings inside the courthouse is prohibited, and you may be fined if your device makes any noise.
Young children are not prohibited from attending hearings, but they need to remain quiet during the proceedings. It is recommended to speak with the attorney before bringing young children, as some topics discussed in court may be inappropriate for them.
