If my ex-girlfriend called the police and I was arrested but she doesn’t show up to the preliminary hearing at the district magistrate, would the charges be withdrawn?

Charges were filed for criminal trespass, stalking, harassment and criminal mischief (2 counts). She didn’t want me arrested, she just wanted me to leave.

Asked on February 8, 2016 under Criminal Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As long as there is other evidence to support a conviction, a domestic violence case can move forward even without the victim's cooperation. And in the event that the alleged victim doesn't show up to a preliminary hearing, this doesn't mean that the charges will be withdrawn and the case dismissed. Furthermore, if the victim is subpoenaed as a witness, a subpoena is a judicial order to appear and if they ignore it, they can be held in contempt of court and an arrest warrant can be issued.


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