If The Victim Doesn’t Show Up to Court, Will My Domestic Violence Case in Missouri Be Dismissed? If the victim in a domestic violence case doesn’t show up to court in Missouri, this does not automatically mean that your case will be dismissed. However, you definitely need an experienced domestic violence defense lawyer on your side. Call Combs Waterkotte immediately at (314) 900-HELP or contact us online for a free, confidential consultation where you can discuss the specifics of your case with one of our expert criminal defense attorneys.
While the victim’s testimony is often vital in domestic violence cases, Missouri Revised Statutes § 595.209 allows the prosecution to move forward without the victim’s cooperation or presence if there is other evidence that is sufficient to support the charge.
The following is how the process works in Missouri, and what factors may influence whether your case could be dismissed:
Prosecution’s Authority to Proceed
In domestic violence cases, the state is the one bringing the charges, not the victim. Even if the victim chooses not to participate, the prosecution has prosecutorial discretion to continue with the case if they believe they have enough evidence to obtain a conviction.
Possible Evidence Beyond the Victim’s Testimony
Even in the victim’s absence, prosecutors could pull from a variety of other evidence to build their case, including:
- Witness Testimony: If other people, like neighbors, friends, bystanders, or family members, were there during the incident, they could be called to testify.
- Recorded/Written Statements: Body camera footage, 911 calls, or statements the victim made to the police at the time of the incident may be admissible. Statements made under stress or as part of an emergency (like during a 911 call) could even be used as evidence under certain circumstances without the victim’s live testimony.
- Police Reports: Law enforcement officers often write detailed reports of the incident, which could include observations of the scene, statements from both the accused and the victim, and documentation of any visible injuries or damage.
- Photographs or Medical Records: If the victim was injured, photographs taken by law enforcement or medical records from a hospital or doctor could be used as evidence.
- Prior History: If you have a history of domestic violence or related charges, this may be brought up in court to establish a pattern of behavior. Your skilled domestic violence defense lawyer will obviously work to disallow any prior history.
Subpoena and Compelled Testimony
The prosecution might issue a subpoena to a victim, in some circumstances, although this is rare. If the victim ignores the subpoena and fails to appear, they could face legal consequences.
Dismissal of Charges
If the prosecution lacks sufficient evidence without the victim’s testimony, your case could be dismissed. If the victim’s testimony is the only substantial evidence the prosecution has, or if the victim’s presence is critical to providing key elements of the crime, like intent or details of the incident, the Combs Waterkotte defense attorneys can argue for the prosecution to dismiss your case.
Why Would a Domestic Violence Victim Not Show up to Trial?
There are several reasons why a victim might choose not to show up to court, including:
- Emotional Attachment: In some cases, victims may reconcile with the accused and no longer wish to pursue legal action, either out of love, emotional dependence, or financial reasons.
- Fear of Retaliation: The victim may be afraid of further harm or retaliation by the accused, especially if they still live together or share children.
- Pressure or Manipulation: The accused or others may pressure or manipulate the victim into not cooperating with the case, including threats or emotional manipulation.
If The Victim Stops Cooperating, Will My Domestic Violence Case in Missouri Be Dismissed?
While the victim not showing up to court in Missouri can weaken the prosecutor’s case, it doesn’t automatically dismiss your domestic violence charges. You need an expert domestic violence defense attorney’s help. The Combs Waterkotte lawyers have over 40 years of combined experience fighting for dismissal for clients in cases just like yours.
Call us as soon as possible at (314) 900-HELP or reach out online for a free, one-on-one case review.
