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  1. #1
    NEOhioChick is offline Member
    Join Date
    Apr 2008
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    Domestic Violence in Ohio and TPO Questions?

    What is the name of your state (only U.S. law)? Ohio

    My neighbor had a domestic violence against his girlfriend. The prosecutor has the police report, the hospital records, I am sure pictures of her injuries and her statement the day of the incident. I am pretty sure that they have him telling the cops that he did do it.(He told me he did it.) But he pled not guilty.

    Now he says that the girlfriend is just not going to show up on the pre-trial date and that will the state dismiss it. Will they dismiss it? Or will they take him to trial and then if she doesn't show up will her statement be enough to put him away? (If he gets a guilty he is looking at mandatory time since this is his second offense.)

    She also put a temporary restraining order against him. How long do those last? Till the end of the trial or only for 30, 60 or 90 days? She had a restraining order on him from the day after the incident.

    One more question: I just found out that she has been sent a Subpoena Witness. Does that mean if she doesn't show up that she will get arrested?

    (And the reason I want to know is cause they live next to me..and they are back together, I just want to know if he is going to get away with this and if I have to deal with them as neighbors again. When he was gone everything was quiet.)
  2. #2
    BOR
    BOR is offline Senior Member
    Join Date
    Sep 2009
    Posts
    1,541
    I live in Ohio also. A subpeona is a mandate to appear and give testimony. Failure to do so may result in a bench warrant being issued.

    If she does not show, the Prosecution can request a reasonable delay.

    IF the state has sufficient evidence to convict, they may proceed without her testimony. DV victims often recant.

    If the evidence is there, sure, her testimony will be given weight, but is not constitutionally warranted, IMO.

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