What Happens if a Domestic Violence Victim Ignores a Summons

[Worrywart83]

My question involves criminal law for the state of: SC

This past November my fiancé and I had a bad argument. No one touched anyone throughout it but my older daughter was present and got upset so she called her grandfather. Eventually her grandmother (my mother) was called, by me and she called the police. The officers arrive and one spoke to my fiancé the other spoke with me. As he spoke with me he noticed my fingernail was partially torn (I have long natural nails) I told him it must've gotten torn when my fiancé grabbed my cell phone and that it was nothing serious and kept talking to him about the incident. This leads to my fiancé getting arrested for cdv minor assault due to my fingernail which I found completely absurd. The officer then tells me after they arrest him that if I didn't let him photograph my nail I would be arrested for obstruction. So I allowed him as I have two children and I couldn't go to jail that night also and have them be taken. My fiancé was released ROR and has a court date on the coming Wednesday. However I have also recieved a summons to appear at this court date. My fiancé was told by his public defender that if I do not appear his charges can get dropped. He has no prior criminal record and was in the Navy since graduating high school, recently ERB out last year September. I also have no record and am unfamiliar with the legal process. I need to know if I should ignore the summons or will I be arrested for failure to appear. I have no desire to help the DA and I have already filled out a drop slip with the solicitor office. I have consulted with one other local defense attorney and he said if I was not issued a subpoena that I should not appear. Will my showing up guarantee he gets convicted? Confused and need advice quickly. Also this is not a witness summons. It is a summons identical to the summons my fiancé recieved the only difference is my name is on this one which I find strange because if he is the defendant and I am the alleged victim why would I receive the same type of summons as if I am being charged with something too.

[Mr. Knowitall]

I told him it must've gotten torn when my fiancé grabbed my cell phone and that it was nothing serious and kept talking to him about the incident.

In other words, your fiancé is guilty of domestic violence, even if you choose to minimize the offense.

My fiancé was told by his public defender that if I do not appear his charges can get dropped.

You are telling us that, on the advice of his attorney, your fiancé is engaged in the crimes of witness tampering and obstruction of justice?

I need to know if I should ignore the summons or will I be arrested for failure to appear.

You are free to discuss your wishes with the prosecutor in charge of the case. The prosecutor may be willing to tell you how hard they will push for your presence, or if they believe they can prove the case in your absence. If your boyfriend confirmed to the police that he grabbed the phone out of your hands, they can potentially convict based upon that confession.

I have consulted with one other local defense attorney and he said if I was not issued a subpoena that I should not appear.

Why would a lawyer tell you that you should ignore a summons?

Will my showing up guarantee he gets convicted?

We have no way of telling you in advance what will happen at a trial.

Also this is not a witness summons. It is a summons identical to the summons my fiancé recieved the only difference is my name is on this one which I find strange....

I can't see it from here, so I can't comment. Perhaps it's a court notice, not a summons. Why didn't you show it to your lawyer and ask him?