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July 13, 2021Frequently Asked Questions Involving Courts and COVID-19
Frequently Asked Questions Involving Courts and COVID-19
Virtual Hearings During COVID-19
Basic info and definitions
How can I start my case?
During the COVID-19 pandemic, many state courts will allow you to start your case electronically - either through email or the court’s specific electronic filing system. Many states also still have in-person filing hours or drop-off services that allow for contactless in-person delivery of court filings. Additionally, you may be able to mail in your paperwork. The in-person and electronic filing may be faster and more reliable than the option to send filings through the mail.
What type of hearing will I have?
In many states, you will have a virtual hearing. Some states are having in-person hearings even if you are able to file your paperwork electronically, so always follow the instructions provided to you by the court.
What is a virtual hearing?
Virtual hearings are court hearings that take place through phone or video conferences, instead of in-person hearings in the courthouse. COVID-19 has made in-person hearings unsafe or challenging in some states, so courts are moving hearings online to continue to process cases. You can participate through video conferencing software (like Zoom) or connect by phone (if allowed by your court).
How do I know if I have a virtual hearing?
The most important thing to keep in mind is to be in contact with the court. Regardless of how you file your case or documents, someone from the court should follow up with you as to how your case will proceed. This may be through mail or phone, so be sure to give the court a current phone number and mailing address.
The virtual hearing process
How do I serve the respondent before my hearing?
Generally, the court will allow you to serve the abuser in the same way that the court allows for filing documents. For example, if the court allows you to file your case through email, the respondent can also possibly be served through email rather than the regular mail. You should confirm with a lawyer or the court clerk what form of service is acceptable.
What will the courtroom be like for my virtual hearing?
The process for your virtual hearing will likely be very similar to an in-person hearing, but you may be kept in a virtual waiting room until your case is called. If you are calling in rather than using video conference software, not being able to see the other party and the judge may be difficult. The order of events and the procedure for conducting the hearing typically remain the same.
How do I prepare for a virtual hearing?
There are a few 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 (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 submit all evidence and documents to the court before the hearing by scanning the documents or taking photos of them. The court should specify how and when you should submit documents.
- 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.
- Your court may use Zoom or other platforms (Skype, Webex) that require you to download software or an app to join the meeting. These downloads are free but make sure to download the software ahead of time. It may take time to download and you don’t want to be late to your hearing if you wait to download it right before your hearing starts. The court should provide you a link or phone number to join the hearing.
What technology do I need for a virtual hearing?
To join the hearing through video conferencing, you will need a device that has the ability to connect to the Internet. Keep in mind that you may need to have a computer, tablet, or phone that has a working camera. If you are using a cell phone that has a limited number of minutes, check that you have enough minutes available. Be aware of battery life. Keep electronics connected to a charger, if possible. Courts know that many people may need assistance to participate in a virtual hearing, but you should let them know if you need assistance. Communicate any accommodations or needs you have to the court due to any disabilities that you may have.
Restraining Order Cases During COVID-19
What should I do about my case if I test positive for COVID-19?
If you test positive for Covid within 10 days of your hearing, or if you haven’t recovered from a recent exposure, you may want to contact the court clerk where your case is pending to let them know about your situation and to ask for an adjournment. Make sure to:
- Write down the date and time of the call and the name of the clerk you spoke to;
- Ask the clerk for an email address where you can send proof of the positive Covid test results or follow any other procedure required by the court; and
- Get something in writing from the court showing that your case is adjourned and the new date of the hearing.
If you are not well enough to contact the court on your own, you may be able to have someone else reach out to them for you.
The court should postpone your case so that you can take the time you need to recover and lower the risk that you might spread the virus to others. You should also notify the attorney for the opposing party.
My restraining order has been violated. What can I do?
If your order has been violated, or if you are in immediate danger, you may want to consider contacting the police if that is a safe option for you. Violations of protection/restraining orders are usually arrestable offenses. If you are not already working with a local victim advocate, you may want to consider finding one. We have a list of Advocates and Shelters in your state on WomensLaw.org. They can help assess your risk and safety plan around your unique situation. For general safety tips, please visit the WomensLaw Safety Planning page. If you are concerned for your tech-related safety, especially if you are using technology now more than before, please check out additional resources in TechSafety.org’s Survivor Toolkit.
