Breaking Free Pre-Lim Question

[byrd42]

What is the name of your state? Pennsylvania

Almost free from DV and never turning back. This is a preliminary court question. Just felt I should give as much detail hear as I can. I am the victim!!!

I called 911 due to fear of being hurt from an abuser. (14 year common law)At the time of his arrest he hurt an officer, resisted arrest, 1 oz pot, etc. He also has sexual assault charges. Let's put it this way, I told them I consented to my DUTY and he also performed some acts I did not like. He got mad and freaking out downstairs. SO I DID IT 911. He literally will not go to work if he don't get his piece so to speak. So he has RAPE charges now.

If they do not subpeona me, does that mean they have enough evidence without my testimony? I am scared to death and just want to get my children and myself a new life started. But no one has mailed me anything to tell me to come to the pre-lim? The detective left a message on the phone about when the new date is? That's it.

He is harassing via phone because they left the no phone contact off the PFA and we have a 12 year old together. He is driving me nuts. That phone will just ring and ring until I could just pull my hair out. He tells me I need a Lawyer.

He is a real BAD abuser and I have a PFA for 18 months and the children and I have the house for now. I was always paying the bills anyway. I already closed all joint accounts. I know the balls in my court now and I DO want to be a success story. It took 14 years and I have had enough and so have my children. WE ARE STARTING A NEW LIFE!!!!!!!!!!!!!!!!!!!

 

[Kane]

Often preliminary court dates involve things like entering a plea, formal arraignments, orders or motions on discovery or other matters, and plea negotiations.

Victims do not need to be in court for those matters, although they're free to go if they want.

Whether they need your testimony depends on whether he decides to plead guilty, or demands a trial.

If he pleads guilty, they won't need your testimony.

If he demands a trial, they will want you to come to court. However, thatl might not be for many months.

 

[byrd42]

Well the first day of his preliminary trial, one of the officers came to my house and had me come down. He came with no Lawyer and the DA added Rape charges.So the judge continued it so he can get one because he was now looking at 20-25 year. He will not plead quilty to rape because he says it was consensual. The officers said if I didn't come that he could fight the PFA. But the PFA has to do will all abuse, not just that night.

So I am confused why I had to be there according to them? Remember I am the victim and I feel like I am being put through more than enough here. I am sure he will do some time for the other offense, which he said he will be quilty of.

 

[Kane]

Well, if someone from the state - a police officer or someone from the DA's office - asks you to go, you should probably go.

Most likely they need your testimony for something.

I'm a little confused, though, because in your first post you said nobody contacted you, and in the second you said a police officer came to your house.