If the "victim"/complaining witness does not want to testify in court against the defendant, and the only other evidence is 1)the verbal report victim gave to the police upon their arrival after being manipulated by lies and suggestive questions, 2) photos of the 'injuries' that were not visible/arguably present. Victim does not want the defendant to be further prosecuted and the situation was rather blown out of proportion by overzealous law enforcement. There is 'no contact' order between spouses until the court date. What is the likelihood the case will be dismissed at the hearing due to lack of evidence, and the 'no contact' order be lifted at that point?
It depends on a lot of factors, including the S/A handling the case and the judge hearing the case. The victim may not be able to refuse to testify.
If you're the victim, you should hire an attorney and not work exclusively with the S/A. If you'r ethe accused, just work closely with your lawyer to sort through this.
Sometimes, if set for trial and the victim/witness refuses to appear (disobeying the subpoena and avoiding law enforcement attempts to bring them to court), the prosecutor will announce they are unable to proceed -effectively dismissing the case. It is difficult to convince a jury to convict when their witness and victim doesn't care to be there.
There is no way of predicting whether a domestic battery case will be dismissed if the alleged victim refuses to testify. In the absence of a victim, the prosecution can use the victim's statements and the observations of law-enforcement and other witnesses to put on the case if the prosecution chooses to proceed. The defendant/respondent needs an attorney regardless of whether the alleged victim will testify.
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