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Will my domestic violence and criminal mischief charges be dropped if my husband (victim) does not show up for court?

Henderson, CO |

I have been charged with DV and criminal mischief ($500-$1000) in damage. I spent 5 days in jail and my court hearing is tomorrow. If my husband does not show, will everything be dropped or discharged? I have no criminal record of any kind. Also I have a protection order on him and my children against me, will that be dismissed as well?

So if the victim (my husband) does show up and says he doesn't want to proceed with the charges against me, will the DA work with that? Can he have the protection order lifted? Thank you so much!

Attorney Answers 2


Given the type of charges (the DV) it has been my experience here in NJ, (and I presume it will be the same in CO), that the answer to your question about Dismissal is NO. The Courts (and the prosecutor) are not generally willing to dismiss this type of charge when the victim does not show up. Sometimes, I have been able to get the DV charges dismissed after the victim does show and asks for the prosecution to be stopped. Sometimes I have been able to get the charges dismissed after the completion of either Anger Management Counseling or Batterers Counseling. I strongly suggest that you discuss this with an experienced criminal defense lawyer admitted to practice law in CO before you decide howe to resolve this. Good luck.

This information is offered for informational purposes only, as I do not practice law in your State. It is not intended as legal advice and you should not rely upon it to decide how to resolve this issue. No Attorney-Client relationship is intended or established by this response. You are faced with a situation where you need to consult with an experienced defense lawyer admitted to practice law in your State before you make any decisions as to how to resolve this issue.

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Depending on the situation, it actually may be dismissed if there is no victim present at trial; however, your husband will probably be under subpoena to testify and may have serious ramifications if he ignores the subpoena. You can ask that the case be dismissed, but most likely it will not result in a dismissal. If your husband does not have any priors, he may be offered a deferred judgment and sentence which can ultimately result in a dismissal. Your husband should hire a criminal defense attorney in your area to represent him before he makes any decisions about his case. You can get the protection order modified relatively easily after you do a safety plan with the local sheriff's department or local victim's advocate group. Contact the District Attorney's Office about modifying your protection order if you have not already. Good luck.

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