Can a victim or family member who has been subpoenaed as a witness ask the judge to have their questioning held behind closed doors?
General information · Not legal advice
Material to check
In a practice file we look for the witness subpoena, which shows the person was summoned as a witness and whether they are the victim or a family member, the application asking the judge for closed questioning, and the judge's ruling on that application.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as written: a victim or family member subpoenaed as a witness may apply to the judge for the questioning to be closed, on the grounds of protecting privacy or restoring the peace and stability of the family, and on that application the judge may decide whether to permit it, and may also decide on the manner and place of questioning, including questioning at a place other than the open court.
Another reading notes that only the witness may make this application, and that the grounds the provision names are limited to protecting privacy and restoring the peace and stability of the family, so the provision leaves it to the judge what arrangement, if any, follows once an application is made.
Your judgment
What in the record could show that closing the questioning was needed, and does restoring the family's peace mean the same as ending the harm to it?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may apply or what grounds qualify, or if a court decision clarifies what a judge must weigh in deciding whether to allow the request.