Frequently Asked Questions

May I come and watch court proceedings?

Yes, most court proceedings are open to the public. Judge Walker encourages anyone interested in observing her court to check the calendar and attend. The court calendar can be found at Ada County Court Calendar, where you can search for specific judges. However, please note that on rare occasions, some sensitive cases may be closed to the public if the release of information could put a child or a victim in danger or embarrass the child. Additionally, some hearings are conducted via Zoom; feel free to contact Judge Walker’s clerk for the meeting identification number and password.

What is family law?

Family law is a legal practice area that focuses on issues related to family relationships, encompassing matters such as divorce, child custody and visitation, child support, adoption, spousal support, and domestic violence. It addresses the legal dissolution of marriage, including the division of assets and debts, and determines where children will live and how much time they will spend with each parent. Family law also includes the establishment of paternity, which affects custody and support issues, as well as the legal protections for victims of domestic abuse. Additionally, it covers prenuptial agreements, guardianships, and issues related to same-sex relationships. Overall, family law aims to address the legal aspects of personal and familial relationships while prioritizing the well-being of children and families.

How do I prove my case in family court?

To prove your case in family court, start by understanding the relevant laws and rules related to your situation, such as custody or divorce. Gather all necessary documents, like financial records, communication logs, and school reports, to support your claims. Organize this evidence clearly and create a timeline if it helps illustrate essential events. Make sure to file the required legal documents with the court on time. Before the hearing, practice how you will present your case and prepare for questions from the judge or the other party. In court, present your case clearly and respectfully, using your evidence to back up your claims. Be ready to answer questions thoughtfully, and after the hearing, follow any court orders and next steps. If possible, consider getting legal advice or representation to help strengthen your case.

What standard of evidence applies in family law cases?

Most of the time, the “preponderance of the evidence" is the legal standard used in civil cases, including family law matters like custody disputes. This means that one side's evidence is more convincing and likely true than that of the other side. In practical terms, it requires that the evidence supporting one party's claim outweighs the evidence against it, typically understood as a greater than 50% likelihood. This standard is lower than "beyond a reasonable doubt," which is used in criminal cases. Essentially, if the evidence tips the scale in favor of one party, that party prevails.

What is evidence?

Evidence refers to any information presented in a legal proceeding to support a claim. In family court, most evidence comes from the testimony of the parties involved, such as parents and expert witnesses. Other types of evidence include documents like contracts and financial statements, physical items like photographs or videos, demonstrative evidence like charts, and electronic evidence such as text messages or social media posts. For evidence to be admissible in court, it must be relevant, reliable, and obtained legally. The judge decides the weight to give to the evidence and the credibility of the witnesses.