Domestic Violence--No Testifying Witnesses--Case Dismissed
We receive a number of calls from alleged victims of domestic violence that just want the case to go away. We are often asked, "what happens if I don't testify"? And "why won't the prosecutor just drop this"? In some counties if the victim fails to appear the prosecutor will dismiss the charges.
The Court May Hold You in Contempt of CourtAll Michigan courts have the statutory right to punish contempt by fine, imprisonment or both depending upon the particular circumstances if you fail to appear as required.. MCL 600.1701.
You May Successfully Challenge Contempt ChargesIf the Court does not institute contempt proceedings in accordance with the Michigan Court Rules, including the use of affidavits and an order to show cause, the trial court lacks jurisdiction over the defendant such that the case must be dismissed.