I am the plaintiff in a RO against oddly enough my X wife. Back in November I filed a report with PD for violation and brought evidence. I then received a summons to witness on behalf of the commonwealth a few months later. I appeared at this date as instructed but the Defendant did not. I was sent down to cashier for check to be issued for my time. What will happen with the defendant? Will I be required to do anything additional?I apologize I was asked to appear as a witness in a case to a violation of a RO in which it was stamped a police matter. I am the one claiming violation of an order.
If she was being summoned into court for a violation, an arrest warrant will be issued. You may have to appear when they bring her in for the original matter.
No answer provided by this attorney in this forum is to be considered legal advice. No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
Any time a criminal defendant fails to appear when summoned by the Court, a bench warrant issues (that is a warrant issued directly from the Court or "the Bench", instead of by application [from the police or prosecution]). In all likelihood, your ex was bench warranted and is liable to be picked up at any juncture. Likewise, you are likely to be called back to court to testify, if she is picked up and the prosecution decides to go forward with the case.
In criminal matters, a citizen can be a victim/complainant--not a Plaintiff. The State is the Plaintiff. So you are, effectively, just a witness to the events that gave rise to the prosecution. You do not have to do anything (except comply with the directives of the prosecution).
Unfortunately, prosecuting your claim is postponed until the defendant is brought in. Stay in touch with the detectives/police and the prosecutor so they don't "drop the ball" on your RO case.
This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney
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