What happens when the state picks up a domestic battery case but the victim does not appear in court?

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What happens when the state picks up a domestic battery case but the victim does not appear in court?

Asked on December 6, 2012 under Criminal Law, Indiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Many domestic violence cases require the presence of the victim in order to prove that the assault occurred.  However, if the evidence associated with the case is such that the prosecutor can prove the allegations without the victim, (for example, by admissions or eye witness testimony), then a defendant could still be tried and convicted of the domestic battery charges without the victim ever appearing.  If the prosecutor cannot make the case without the victim, they will have to ask the court for a trial continuance in order to locate the victim. If the judge denies the motion for continuance and forces the State to trial, then the prosecutor could effectively be forced to dismiss the charges because of the absence of a material witness.  


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