If my boyfriend was arrested for DV after he pushed me down during an argument and now I’ve been subpoenaed to testify, if I don’t go will they drop the charges?

My boyfriend was arrested for domestic violence after he pushed me down during an argument. I called the prosecutor to have the charges dropped but the state picked them up. Now, I have a subpoena to go to court and testify against my boyfriend. How can I best stop these charges from proceeding?

Asked on December 4, 2015 under Criminal Law, Ohio

Answers:

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

Answered 5 years ago | Contributor

Not necesarily. Whether or not to pursue such a case rests with the prosecutor not the victim (as you have already found out). And a DV case can move forwrd even with out the victim's cooperation as long as there is other evidence strong enough to potentially support a guilty verdict. So your not showing up does not guarantee that the case will be be dismissed.
Further, a subpoena is a court order that requires your appearance. If you ignore it, you can be held in contempt and a warrant can be issued for your arrest. You can also face fines and/or time in jail.
At this point, you can consult directly with a local criminal law attorney; they can best advise you further in this matter.


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