Legal Terminology

Legal/Policy
***The information provided here is not legal advice and one should seek the help of a professional before taking any legal action in your situation.*****

Useful Legal Terms

Affidavit
A written statement by someone who swears it is true. It can be used in court as evidence.

Allegation
An assertion made by a party in a court proceeding that must be proved or supported with evidence during a trial.

Appeal
To make a request to a higher court for the rehearing or review of a case.

Arraignment
A hearing where the defendant is formally told of the charge(s) and enters a pleas: a plea of no contest (not contesting the facts), guilty (admitting to the charge), or not guilty (denying the charge).

Assault
Harming or threatening to harm someone in any way.

Attorney
Lawyer

Battery
Hurting someone in any way. Battery is always against the law.

Civil Protection Order (CPO)
Legal document to protect against an abuser. Requires the abuser to stay away from the person being abused.

Complainant
The person who begins the case. May be same as plaintiff or petitioner.

Continuance or Continued
A delay of a court hearing to another day. The case will be “continued.”

Defendant
The person against whom a charge is brought.

Dissolution of marriage
Divorce

Evidence
Anything shown in court to support a case. Can include testimony by you or another witness, documents, photographs, items of clothing, weapons, and police or medical records.

Ex Parte
In Latin, this means “from one side.” A temporary protective order issued by a judge who hears only from the victim is an ex parte order.

Hearing
General term used for an arraignment, pre-trial, trial, sentencing, or a court proceeding in which a judge listens to information presented and makes a decision, such as in a protection order or divorces hearing.

Indigent
Having no money. Someone too poor to afford a lawyer or court fees.

Magistrate
Person who can make decisions similar to a judge.

Mediation
A process by which the parties instead of litigating in court, work with a neutral third person to work out their differences by agreement. Because of the imbalance of power between victim and abuser, domestic violence cases are not good candidates for mediation.

Notary or Notary Public
Someone who has the authority to show that you signed a statement or document. A notary may be found at the courthouse and many banks.

Party or Parties
A person or people involved in a legal action.

Petition
An application or request asking the court to issue a protection order.

Petitioner
The person making the request.

Plaintiff
Person, company, or government unit that brings the charges or lawsuit against a defendant.

Pre-Trial
A conference between both the attorneys on the case. In civil court, both parties usually attend. In criminal court, the defendant must be present ; the victim may or may not need to be.

Pro Bono
Free of charge.

Pro Se
Acting as one's own lawyer. In Latin, this means “for oneself.”

Process Server
The person who personally delivers legal documents ordering someone to appear in court.

Prosecutor
A government lawyer who argues on behalf of the government in a criminal case. Same as district attorney.

Respondent
The person who responds to a petition.

Sentencing
A hearing where the judge decides the punishment for the defendant.

Service
Deliver court documents to one of the parties. Abusers must be “served” with the document telling them why they must come to court and when they must appear.

Subpoena
A legal document ordering a witness to appear in court.

Temporary Protection Order (TPO)
A court order to protect the victim when the abuser is charged in criminal court.

Testimony
The statement of a witness in court.

Trial
A hearing in court to decide the outcome of the case after both sides have presented their evidence and witness testimony.

Vacate Order
An order to move someone out of their residence.

*Adapted from the following resources.

• American Bar Association – Commission on Domestic Violence
• The Family Violence Project of the National Council of Juvenile and Family Court Judges, Managing Your Divorce: A Guide for Battered Women. (1998).
• Ohio Domestic Violence Network, Information is Power; A Sourcebook for victims of domestic violence.