Supporting someone through a court case

Going to court is stressful for anyone. Whether the man you care about is the victim of a crime, a witness, the person accused, or someone dealing with a protection order or a family matter, he may face months of waiting, confusing procedures and strong emotions.

You can't change the outcome, but you can make the process easier to bear. This guide explains how to help before, during and after a case.

Understand the basics

Knowing a little about how cases work helps you explain things and keep expectations realistic.

• In a criminal case, the state brings the case through a prosecutor. A victim is usually a witness for the state, not a separate party with his own lawyer.
• In a protection order matter at the Magistrate's Court, the person applying and the person responding each get a chance to put their side.
• Family matters, such as maintenance or the care of children, have their own processes, and the Office of the Family Advocate may be involved.
• Postponements are common. Cases are often delayed, for example because a witness is missing or a report is not ready. The court will set the next date.

Delays can be very frustrating. Reminding him that a postponement is normal, and not a sign that the case is going badly, can help.

Before the court date

1. Help him stay informed. A victim can ask the investigating officer or the prosecutor for updates. The Service Charter for Victims of Crime in South Africa recognises a victim's right to information about his case.
2. Help him find legal help if he needs it. If he is accused of a crime and can't afford a lawyer, Legal Aid South Africa may be able to help. See finding legal help you can afford.
3. Keep documents together. Keep case numbers, court dates, letters, the investigating officer's name and number, and any notes in one safe place.
4. Plan the day. Sort out transport, time off work and childcare in advance. Court days can start early and run late.
5. Ask about preparation. Some courts have staff who help witnesses understand what to expect. The prosecutor can tell him whether this is available.

On the day

• Arrive early. Security checks and finding the right courtroom take time.
• Bring water, something to eat, any medication he needs and something to pass the time. There may be long waits.
• Dress neatly, and switch phones to silent in court.
• Most hearings are open to the public, so you can usually sit in the public gallery. The court can close some hearings, for example to protect a witness or a child.
• If he is a witness, he may have to wait outside the courtroom until he is called.
• If he is a victim and feels unsafe near the accused or their family, he can tell the prosecutor or court staff.

If he is the victim

Giving evidence can bring back painful memories, especially when the defence cross-examines him. Remind him that being questioned does not mean he is not believed. It is part of how a fair trial works.

He may feel let down by delays, by a sentence he thinks is too light, or by a case that is withdrawn. Let him be angry or disappointed without judging him. Our guide on what happens after you report a crime explains more about the process.

If he is the accused

Being accused, especially of something he says he did not do, can feel like his whole life is on hold. He may worry about his job, his reputation and his children.

• Encourage him to follow his lawyer's advice and to keep to any bail conditions. See bail explained.
• Remind him not to contact the complainant or witnesses, directly or through other people, unless his lawyer says it is allowed.
• Under section 35 of the Constitution, an accused person has the right to a fair trial, including the right to be presumed innocent and to have a legal representative.

Our guide if you are falsely accused has more on protecting his rights.

Looking after his wellbeing, and yours

Court cases can take a heavy toll on mental health. Watch for signs he is not coping, such as heavy drinking, withdrawing or hopelessness. Our guide on signs a man is struggling can help. A counsellor can help him, and you, manage the stress.

You are allowed to have limits too. Share the load with others and take time out when you need it.

After the case

The end of a case does not always bring relief. Whatever the outcome, he may feel exhausted, empty or unsettled. If the case was withdrawn or ended in an acquittal, there may be questions about what comes next. See after a case is withdrawn or you are acquitted.

Keep checking in during the weeks after. This is often when other people stop asking.

Getting support

• Legal Aid South Africa Advice Line: 0800 110 110
• Lifeline South Africa: 0861 322 322 (24/7)
• SADAG Suicide Crisis Helpline: 0800 567 567 (free, 24/7)
• GBV Command Centre: 0800 428 428 (all genders, 24/7)
• Emergency: 10111, or 112 from a cell phone

Men for Change does not offer legal representation, but our support team can help you find services: contact the support team. More helplines are on our resources page.