Q: BF has M1 for DV he is telling me not to show up to the court dates can i get into trouble for doing that? im the victim
He is currently in jail, roommate is bailing him out tomorrow, i have a protection order on him right now but soon to get lifted as soon as i can do so, but he is telling me that i shouldn't show up to the court dates so they can drop the charges on him and if i show up they will end up putting him in jail, i don't want him in jail we have a son to support, i did press charges on him to because i felt very pressured by the cops and the people that were around me but i want to get those dropped as well, but he isn't a violent person at all, im not beatin like half the people are these days, but i just don't want him to go to jail and i don't want to in into trouble for not showing up, he said he asked a CO in there, but i want to hear from someone who actually knows what they are talking about. so will i get into trouble for not showing up to the court dates when im the victim ??
A: It is unlikely anyone will do anything about it if you do not show up and, yes, the victim not showing up is the death of many a DV case. However, if you are subpoenaed, you are legally required to show up, and it is within the court's power to issue a warrant for the arrest of a material witness who is uncooperative. The court could also hold a witness who ignores a subpoena in contempt and issue a fine. Most judges will not issue such warrants or hold victims in contempt in lower level cases. Locking up or fining the victim just doesn't seem like justice. The case against him may still move forward, even without you, if there is other evidence. Other witness, a 911 call, documented injuries, etc.
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