What happens if a domestic violence victim does not show up for court?

Answer 1

It depends on the state that you live in, how much evidence is against the perpetrator and the degree of assault, misdemeanor or felony. In a misdemeanor, where there is little evidence, the case is most often dropped unless the state picks up the charges. Check into what may happen in your area by calling the prosecutor and finding out. There is always the possibility that a warrant will be issued for your arrest if you do not show up to testify, but usually this is done in the case of being issued a subpoena.
Supreme Court Crawford decision and 6th amendment confirmed that accused has right to confront accuser. Police reports, if they came after incident are hearsay, not admissible.

If trial date arrives and alleged victim doesn't appear, judge will typically dismiss. Subpoenas are not legal across state lines, so judge also has to get judge in the other state to issue subpoena. Courts don't have time for this. If alleged victim isn't present in court on trial date, and DA requests continuance, make sure your lawyer vehemently objects and asks for dismissal.

A little more...Note that the victim in many crimes including domestic abuse isn't the accuser or the plaintiff. That would be the State, as it is in all penal code crimes. The prosecution's case would likely be weakened if the victim doesn't appear, but it doesn't mean that the trial will not proceed.

Answer 2

Supreme Court Crawford decision and 6th amendment confirmed that accused has right to confront accuser. Police reports, if they came after incident are hearsay, not admissible.

If trial date arrives and alleged victim doesn't appear, judge will typically dismiss. Subpoenas are not legal across state lines, so judge also has to get judge in the other state to issue subpoena. Courts don't have time for this. If alleged victim isn't present in court on trial date, and DA requests continuance, make sure your lawyer vehemently objects and asks for dismissal.

A little more...Note that the victim in many crimes including domestic abuse isn't the accuser or the plaintiff. That would be the State, as it is in all penal code crimes. The prosecution's case would likely be weakened if the victim doesn't appear, but it doesn't mean that the trial will not proceed.

Answer 3

If the victim fails to turn up when ordered to do so (by the summons) a warrant is issued for their arrest. They would then be picked up by the police and brought before the court.
Unless the victim was specifically directed by the court to appear, or some local rule requires the victim's appearance, then the case will proceed as normal.

Answer 4

Most of the time you will be asked return back to the courts the following week or month while the D.A try's to contact the defendant. If the defendant fails to show up, the may be charged with contempt of court, but rearly happens. And the case will eventually just be thrown out of the defendant never shows up to court.

Another View: WRONG! If the defendant fails to appear in court, a bench warrant will likely be issued for their arrest, and the case continued until such time as they are taken into custody and presented to the court by law enforcement.

Answer 5

if the respondent did not show in hearing what is the decision?

Answer 6

Convicted and bench warrant for arrest issued