In the state of CA what happens if the alleged vistim fails to apper for domestic violence court hearing?

First of all, the victim needs to be properly subpoenaed to court. Without proper service (which in criminal, means personal service (ie not mail)), she/he isn't required to appear in court and can't be punished for failing to show up. If the person was properly served, a "body attachment" could be issued if he/she fails to show, which is similar to an arrest warrant, and the Sheriff could go pick the person up and bring her/him to court in handcuffs. It may also be grounds to continue the case.

Second, depending on the facts of the case, the prosecuting agency may not decide to pursue it. But if they case is otherwise provable, it may still go forward.

It really isn't something to take lightly, and you should hire private counsel familiar with DV cases. Feel free to call and set up a free consultation.

If she was subpoenaed, the court will issue a bench warrant. If she doesn't show for trial and the DA can't proceed without victim, case may be dismissed.

Careful, victim opens themselves up to prosecution for contempt for disobeying a subpoena.

Edward J. Blum
213-479-5322