Do charges get dropped in the event that the plaintiff fails to show to a no contact order court hearing?

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Do charges get dropped in the event that the plaintiff fails to show to a no contact order court hearing?

Asked on January 16, 2016 under Criminal Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, they don't automatically get dropped: the plaintiff's application for a no contact order is separate from the criminal charges which are brought by the state, not by the plaintiff or complaining witness. The prosecution may choose to drop the charges, using this person's failure to appear as evidence that the alleged victim isn't taking the matter seriously, so it may have been more of, say, a domestic dispute than a crime; but that is discretionary on the prosecution's part. They are not required to drop the charges.


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