What if the victim intentionally fails to appear for own domestic violence trial?

Depends on the prosecuting agency, and their policies. If the alleged victim was properly subpoenaed, the prosecutor generally asks for (and receives) a continuance to secure the witness' presence at the next trial date. From that point, the prosecutor can ask for a material witness warrant to arrest the victim and hold him/her in custody until the trial. Of course, the case could be dismissed at time of trial, but that's generally not an advisable strategy to hope for that. To learn more about Assault and Domestic Violence, click the link below.

If a witness intentionally refuses to obey a lawfully served subpoena for trial, the party that served her (the prosecutor) can ask the court to issue a material witness warrant for her arrest. She can be arrested and held in jail until she testifies at the trial. As a practical matter, this rarely occurs. But it is possible. In most cases -- but not all -- the prosecution cannot proceed if the victim does not appear to testify. Most often the case is then dismissed. However, the courts are well aware of the "cycle" of domestic violence. Our society has long demonstrated that in some intimate relationships, there is a recurring pattern where one person -- usually the man -- occasionally explodes with anger and either threatens or hurts the partner -- usually the woman. The woman becomes afraid and calls for help -- the 911 call. The man later calms down, apologizes, and promises it will never happen again. He assures her he truly loves her and would never hurt her. She is reassured and decides if she really loves him, she won't have outsiders (the prosecutor or court) interfere in their relationship. She does not appear in court to testify and the case is dismissed. Then it happens again. He gets angry, explodes, and threatens or hurts her again. He also usually blames her for his explosions -- if she only would do this or that, he wouldn't behave this way. She gets afraid, calls for help ... and so on. Our society sees women killed in this sort of relationship on a regular basis. Our domestic violence laws are created to try to break this cycle, to get both parties' attention that something has to change. The courts offer some outside oversight to see that someone who is abusive follows through on making his changes. The courts only have this authority if they have the defendant's agreement (an SOC) or a conviction. They can only get a conviction if the victim follows through, honestly testifying to what occurred. A victim who is trying to decide what to do can consult with her own lawyer to focus on her specific concerns and needs.

Depends on whether he/she was personally served with a subpoena for trial or whether it was just mailed to him/her. In my experience, if the witness fails to show up, the case is dismissed. However, the prosecutor has the discretion to request a trial continuance and, if the witness had not been personally served the last time, the prosecutor could make sure that he/she is personally served for the next time. If the witness still doesn't show up, the prosecutor has the discretion to file charges against the witness. In my experience, this rarely, if ever, happens though. The perpetrator must be very careful not to influence the witness's decision to show up for trial or else it can be considered witness tampering which is a whole separate crime. I'm happy to discuss this further. Please feel free to contact me directly.