I attended the San Francisco District Courthouse in California where I had the opportunity to see and hear the process of divorce proceedings. I have chosen to report on the Divorce Petition No. 547 of 2016 between Naomi Jenkins Brown and Trevor O’Brien Brown, as heard on 19th May, 2016 before Justice Richard Seeborg of San Francisco District Courthouse, California. The matter was coming up for the first hearing of the Petitioner’s Petition as against the Respondent
Brief Facts:
Naomi Jenkins Brown and Trevor O’Brien Brown were married on 28th August, 2008 in California. The couple have lived together as husband and wife, and were blessed with two children, Tiana Brown and Tatiana Brown, aged 6 years and 3 years respectively. On 31st January, 2016 the couple had an argument over family finances. Trevor accused Naomi of being an extravagant. Trevor beat Naomi and their two children causing them physical injuries. Since then, Trevor had made it a habit of beating his wife without any reasonable cause. He had also acquired the habit of sleeping outside their matrimonial house, and comes back when drunk.
Following the unending fights and disgrace Trevor caused her, Naomi lodged a divorce petition against Trevor on grounds of cruelty seeking orders that Trevor be restricted from coming near her and be prohibited from entering their matrimonial home except with court orders and that Trevor be compelled to maintain her and the children. She particularly prayed for orders that her estranged husband be compelled to provide a monthly maintenance fee of US $ 100,000.00 for food, shelter, clothing, utilities, school fees and entertainment for the children. The respondent denied all the allegations against him, and said that he loves his family and he could never beat his wife or the children over a trivial issue such as finances.
My Reactions to the Courthouse Experience
Being my first time in a courthouse, I was very surprised to learn that members of the public are allowed to attend court sessions even when they have no matters concerning them in court. The first time I saw the litigants, I thought they were not related in anyway. I did not expect that people who have been married can actually fight one another and go to the extent of suing each other in court. I was very surprised to learn that they were husband and wife. Additionally, I was surprised to learn that there are specific procedures followed in the hearing of cases in court. For example, I learned that the person who sues the other in court is the first to be heard. I also expected to see litigants and attorneys creaming and shouting. However, I learnt that no one needs to scream or shout to prove their case as portrayed in movies and TV shows.
My Learning Experience
I learnt that there are different types of pleadings used to commence a case in court depending on the nature of the matter in issue. For example, I learnt that divorce cases are brought by way of petitions while employment matters by way of claims. The witness was also required to state what she experienced with her five senses and not what she was told by another person. This trial court is also limited to hear and determine fresh matters only, but not appeals. I am glad that I was able to relate the theory learned in class to practical approach of the law in court.
