Re: To Help Female Friend with Restraining Order Ordeal
If she fails to attend court after being ordered there by subpoena, the matter can be continued and SHE could be subject to ARREST for violating the order to appear.
So, her non-appearance may do little more than continue the case and result ion HER arrest and being charged with contempt of court. They might also be able to try him anyway. After all, they merely have to show that a restraining order was signed by a judge, that he was served notice of the order, and that he knowingly violated the order. If he was found on site or admitted to the violation, that might be all they need even without her. So, she could end up going to jail for no good reason.
Regardless of whether or not she is NOW afraid of this guy, at some point in time she convinced a judge she was, and HE knowingly and intentionally violated an order from a JUDGE to stay away from her. It is this violation of a judge's order that he is in trouble for, NOT for causing or threatening to do her any harm. HIS actions have led to this. Yeah, she contributed to it and the court might take her actions into account ... but, to do so, she will have to testify.
A Nor Cal Police Sergeant
"Make mine a double mocha ...
... and a croissant!"
Walk humbly with your God
-- Courageous, by Casting Crowns