Will My Domestic Violence Case Be Dismissed if the Victim Doesn’t Come to Court?

Even good relationships can be difficult to manage at times. During an argument or a fight, it’s common for things to escalate, harsh words to be exchanged, and tempers to flare. And sometimes, one partner calls the police on the other to report a crime of domestic violence. Regardless of whether the call was justified, a report of domestic violence will always be taken seriously by law enforcement and, more often than not, will result in criminal charges being filed against the partner who allegedly engaged in violent conduct. But what happens if the alleged victim eventually realizes that calling the police was a mistake? Can they simply not show up to court?

At the Olsinski Law Firm, PLLC, we’re a dedicated team of Charlotte criminal defense attorneys who take pride in providing our clients with strategic representation designed to secure the best possible result. We understand the realities of domestic violence cases and know how to successfully navigate these challenging cases through the system, minimizing the chances of a conviction.

If someone who reports a crime doesn’t show up for court, it does not necessarily mean that the case will be dismissed. There are a few possibilities of what can happen:

The court may issue a subpoena to compel the victim to appear. If the victim fails to comply, they could face legal consequences, such as fines or even arrest. It is not unheard of for the sheriff to drag an unwilling victim into court.

The prosecution might proceed without the victim’s testimony if there is other substantial evidence available, such as police reports, medical records, or testimony from other witnesses. The rules of evidence typically permit others to testify to what they saw, even if they were not the victim of the crime. Thus, anyone who witnessed an incident of domestic violence could testify.

As a general rule, courts will grant the prosecution at least one continuance if the complaining witness unexpectedly doesn’t show up for court.

The prosecution may be required to withdraw a case if there is no other way to prove that a crime occurred. However, because the district attorney can request a subpoena and may be able to proceed in the victim’s absence, it is unwise to rely on an alleged victim’s word that they will not be attending court.

Technically, the decision to pursue a criminal case rests with the district attorney. And, while district attorneys are supposed to serve victims of crimes, they are also aware of the fact that sometimes victims will try to get out of going to court. Thus, a district attorney may or may not withdraw a case when asked to by a victim. However, it depends on the specifics of the case and what exactly the alleged victim tells the district attorney.

If a victim tells the prosecutor that the crime happened but they no longer want to “press charges,” the district attorney will almost certainly continue prosecuting the case. The district attorney’s job isn’t to do what a crime victim wants; it is to prosecute people for breaking the law. Thus, a victim’s personal feelings about whether the case should proceed are almost irrelevant to the prosecutor.

If a victim tells the district attorney that the crime never occurred and that they made up the allegations, it could prompt the district attorney to withdraw the case. First, if the district attorney believes the victim, they may feel that continuing with the case is not ethically proper. Second, even if the district attorney doesn’t believe the victim that the crime never occurred, knowing that the alleged victim’s testimony at trial will contradict what they told police could damage the prosecutor’s case to the point where it would be hard to obtain a conviction.

If someone who reports a DV crime tells the prosecutor that something happened but that they exaggerated the defendant’s role to police, it’s going to make the district attorney’s case harder to prove. However, it may not result in a withdrawal. It really depends on the nature of the exaggeration and whether the district attorney feels that it would harm their case at trial. If so, they may withdraw the case or offer the defendant a plea on reduced charges.

If you’ve been arrested and charged with a North Carolina domestic violence offense, you need a better defense than sitting back and hoping the victim doesn’t show up. At the Olsinski Law Firm, PLLC, we’ve been aggressively defending the rights and freedoms of clients charged with serious DV crimes for more than 25 years and know what it takes to beat even the toughest cases. We take a comprehensive and strategic approach in every case we handle, ensuring we develop a solid defense plan, taking all contingencies into account. To learn more, and to schedule a free consultation with one of our attorneys today, give us a call at 704-405-2580. You can also connect with us through our secure online contact form.