Frequently Asked Questions:
Q. Can the courtroom be "closed" when my child testifies?
A. Maybe. In some compelling circumstances, the court may order the courtroom closed by prohibiting any person who lacks a direct interest in the case, including members of the press, from being present when a child testifies. Before a court may do so - it must first find that an open courtroom would cause "substantial psychological harm to the child" or the child would otherwise be unable to effectively communicate. See 18 U.S.C. § 3509(e).
Q. If my child is a victim/witness, who advocates for the interest of my child?
A. In some circumstances, the court may appoint a "guardian ad litem." A "guardian ad litem" is someone who represents the best interests of your child. A "guardian ad litem" is permitted to attend all judicial proceedings in which your child is required to participate including depositions, hearings and the actual trial. It is the guardian's responsibility to make recommendations to the court that serve the best interests or welfare of your child. See 18 U.S.C. § 3509(h).
Q. May I accompany and remain with my child while my child testifies?
A. Your child does have the right to be accompanied by an adult attendant, not otherwise involved in the case, who is there to emotionally support your child. This may include being able to remain in close physical contact, including holding your child's hand or permitting your child to sit on the attendant's lap. See 18 U.S.C. § 3509(i).