Do I have to go to court?

[hdneedsadvice]

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

I called the police on my boyfriend because he had assaulted me. They arrested him and are charging him with domestic violence. I am not pressing charges, the State of WA has picked them up. At his last court date, they gave him an offer and he refused wanting to take it to trial I believe. I was served with a subpoena that says "you are commanded to appear in court and to testify for the plaintiff in this case..." and "You must remain at court until released by the porsecutor of the judge. Your failure to appear may be considered contempt of court and/or may result in your arrest or other sanctions". I have heard from a lawyer, that if I do not show, then the case will be dropped. End of story, which would be ideal. But I'm not so sure... if I don't show, will the case be dropped, or will i be arrested in contempt of court? I can not be arrested. I have a crystal clear record and am a single mom with no family or friends in the area to help if I do get arrested. Advice?

 

[Isis1]

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

I called the police on my boyfriend because he had assaulted me. They arrested him and are charging him with domestic violence. I am not pressing charges, the State of WA has picked them up. At his last court date, they gave him an offer and he refused wanting to take it to trial I believe. I was served with a subpoena that says "you are commanded to appear in court and to testify for the plaintiff in this case..." and "You must remain at court until released by the porsecutor of the judge. Your failure to appear may be considered contempt of court and/or may result in your arrest or other sanctions". I have heard from a lawyer, that if I do not show, then the case will be dropped. End of story, which would be ideal. But I'm not so sure... if I don't show, will the case be dropped, or will i be arrested in contempt of court? I can not be arrested. I have a crystal clear record and am a single mom with no family or friends in the area to help if I do get arrested. Advice?

er.....this lawyer....did he have a copy of the actual charge? police report? the DA may and CAN continue with the matter without your presence. want to keep your record clean? GO!! you can have a warrant issued. you can be arrested. with no family or friends.....your kids go to foster care.

 

[Proserpina]

er.....this lawyer....did he have a copy of the actual charge? police report? the DA may and CAN continue with the matter without your presence. want to keep your record clean? GO!! you can have a warrant issued. you can be arrested. with no family or friends.....your kids go to foster care.

Specially in WA state...

..which evidently doesn't take kindly to folk who don't turn up in court when their presence is ordered.

(Of course, certain counties are more likely to issue an arrest warrant than others)

 

[hdneedsadvice]

The lawyer...

It's the court appointed attorney representing the defandant who stated that if I do not show, the case will be dropped.

 

[Proserpina]

It's the court appointed attorney representing the defandant who stated that if I do not show, the case will be dropped.

I'd turn up if I were you. Just in case. Unless I had something in writing...

 

[mommyof4]

It's the court appointed attorney representing the defandant who stated that if I do not show, the case will be dropped.

And you don't find it interesting that the atty. representing the man who assaulted you is telling you NOT to show up and testify against his client?

 

[Isis1]

And you don't find it interesting that the atty. representing the man who assaulted you is telling you NOT to show up and testify against his client?

EXACTLY!!!!

i almost grabbed my computer screen and shook it when i read that.

 

[Proserpina]

And you don't find it interesting that the atty. representing the man who assaulted you is telling you NOT to show up and testify against his client?

Mhhmmm...

 

[hdneedsadvice]

I know, I know! I'm really not that stupid

But I did call the lawyers office, and spoke to another attorney that said (in better terms) that if I do not show, the case will be dismissed for sure. And 99% of the time, they will not go after me for contempt of court, because in most domestic violence situations the woman is afraid to show up.

Either way, I made an appointment with the domestic violence advocate so I should receive all the information I need through her.

Thanks all for taking the time to give me some advice.

 

[CdwJava]

Understand that if you fail to appear you may face arrest. Even if not arrested, child services may take your failure to show, and eventual reconciliation with your abuser as an unsafe environment for the children to remain in. You can expect some form of intervention if you allow Mr. Wonderful back into the home.

Also, if you fail to show, understand that should you ever be a victim of ANY crime again, or even a plaintiff in a lawsuit, your credibility is severely damaged or dead.

 

[SmokeEdge]

Yep you have to show up.Even if you choose not to make a statement/testify against him,you must appear.The case will be dropped line is a classic albeit lame attempt at getting you not to appear.But the State is pressing charges,not you.

 

[stealth2]

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

I called the police on my boyfriend because he had assaulted me. They arrested him and are charging him with domestic violence. I am not pressing charges, the State of WA has picked them up. At his last court date, they gave him an offer and he refused wanting to take it to trial I believe. I was served with a subpoena that says "you are commanded to appear in court and to testify for the plaintiff in this case..." and "You must remain at court until released by the porsecutor of the judge. Your failure to appear may be considered contempt of court and/or may result in your arrest or other sanctions". I have heard from a lawyer, that if I do not show, then the case will be dropped. End of story, which would be ideal. But I'm not so sure... if I don't show, will the case be dropped, or will i be arrested in contempt of court? I can not be arrested. I have a crystal clear record and am a single mom with no family or friends in the area to help if I do get arrested. Advice?

Go to court and answer the questions you are asked under oath truthfully. Be a positive example to your children, instead of showing them that it's okay to be knocked around.

 

[Ohiogal]

It's the court appointed attorney representing the defandant who stated that if I do not show, the case will be dropped.

It could be dropped however YOU could then face charges. And the defendant's attorney does NOT care about you.

 

[29ATWA]

If you don't want to press charges, and you don't want to go to court - then do me a favor-
Don't call the police on your boyfriend anymore!

I know you said you are not pressing charges- The D.A I suppose is. You do have to go to court - in order to help the prosecution of the charges. If you don't - that makes you look a liar - and the police and I'm sure the D.A's office - maybe even taxpayers - get mad because of all the DV cases and persons arrested - but then let go because the ones who called the police to have the problem solved temporarily by a short term arrest - drop the ball- and therefore tie up the jails, and the courts for nothing.

People who put up with abusive S.O's, spouses etc... I think should be charged too For going back to those kinds of people over and over and over again.