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Will Domestic Violence Charges Be Thrown Out if the Victim Doesn't Appear in Court

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  • 10-16-2013, 05:06 PM
    crassus
    Will Domestic Violence Charges Be Thrown Out if the Victim Doesn't Appear in Court
    My question involves criminal law for the state of: Georgia

    It is believed that the other side, my mother was only trying to make a point and overreacted. My mother and I had a dispute, as she was taking care of me due to my injuries. My father claims she has no intention of pursuing this. One lawyer said if she does not show up at recorders court, that I should ask that the case be thrown out. The question then is how would I do that? Would I ask the judge right there, or is it a separate procedure that would take place in another court room?
  • 10-16-2013, 05:56 PM
    viol8te
    Re: Will Domestic Violence Charges Be Thrown Out if the Victim Doesn't Appear in Cour
    Considering the fact that you are all but admitting to battery to your mom(who had the nerve to be trying to care of you,) I am having a difficult time trying to be helpful to you. If there is evidence enough for the state to take over, and hopefully there is, then regardless of her desire to drop a case, the sate can pick it up.
  • 10-16-2013, 05:59 PM
    cbg
    Re: Will Domestic Violence Charges Be Thrown Out if the Victim Doesn't Appear in Cour
    What you need to understand is that something like 85% of domestic violence victims ask for the case to be dropped. The courts have learned to disregard such requests.
  • 10-16-2013, 06:11 PM
    jk
    Re: Will Domestic Violence Charges Be Thrown Out if the Victim Doesn't Appear in Cour
    If they have not issued a subpoena ordering her appearance, she could skip out. I suspect the court would continue the case and actually issue a subpoena for her after that. If she refuses to comply with the subpoena, she could be subject to criminal charges (contempt of court) herself.
  • 10-16-2013, 08:02 PM
    crassus
    Re: Will Domestic Violence Charges Be Thrown Out if the Victim Doesn't Appear in Cour
    Wow, that's so kind of viol8te to assume that I must be guilty, and the little old lady couldn't have done anything wrong. So kind some people are.
  • 10-16-2013, 08:25 PM
    jk
    Re: Will Domestic Violence Charges Be Thrown Out if the Victim Doesn't Appear in Cour
    Quote:

    Quoting crassus
    View Post
    Wow, that's so kind of viol8te to assume that I must be guilty, and the little old lady couldn't have done anything wrong. So kind some people are.

    I didn't see you arguing the charges were not valid.
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