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Why is it that the court will not dismiss a civil case when the other party is not present

Ionia, MI |

i have a domestis violence case pending i pleaded i was force to plea no contest in the domesric violence now the other party has filed a civil case for me to pay 3000 dollars she advised me that she did not follow up on the court prcceedings and will NOT attend the hearing and the prosecuter will not dismissed the case nor the judge in the first hearing

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Attorney answers 1


I am not sure what you mean. Generally, in a civil matter, if the plaintiff fails to appear, the case may be dismissed. It could be possible that the plaintiff notified the court of some emergency and asked for it to be adjourned. I am confused, however, as to why the prosecutor would be involved in your civil case unless you are actually confused and it is actually a criminal matter. It is likely that the plaintiff, instead of seeking damages through court on her own (civilly), the prosecutor will be asking for damages through restitution as part of your sentence. I could not answer without more information from you. I do handle Ionia area but I am not familiar with the scenario you describe. If you do not have a criminal defense attorney, get one now. Good Luck!

Law Office of Edward J. Sternisha, PLLC
448 Leonard St NW
Grand Rapids, MI 49504
(616) 233-CALL-ED

The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.

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