When a wife has her husband arrested for abuse and doesnt show up to cout day. what happens?

bombastic

Depending on the state, jurisdiction and the judge, it may be dropped, or the judge will order for her to be arrested for wasting the court's time. It will depend on the authorities as to what they will do with the husband. It may, or may not be up to her as to what action they will take.

Military Mama due 03/09

They may throw the claim out the window since she is showing the courts she isn't interested in being there. Doesn't look good when the filer is a no show. They will reevaluate how long his jail sentence will be and contact her on where she stands. A lot of different things could happen....warrent for her arrest if she was served papers, held in contemt, failure to proceed court apperance, fined for many things...depends on the state and how serious the actions. Best Advice, go to court and see what happens. Best of Luck and Happy Holidays

Amanda J

If she is dumb enough not to show up, the case will be dismissed and the husband will be released

Danny D

charges will be dismissed against and she could be held in contempt!!! she had better watch her back, because next time it will get worse! he will want revenge!!

Tonya

If SHE pressed charges against him, then the charges will be dismissed. If the DA pressed charges, then she would get notice to appear as a witness. If she doesnt show, she can get in trouble. My adivce is for her to go. If she wants the case to be dismissed, then she should contact the court and drop charges.
More importantly, she needs to get help. She needs a plan. When he gets out, he is going to be pissed, even though she dropped the charges. If she dosnt want to go to court in fear of seeing him, he will be in handcuffs and he won't be allowed near her.

she needs to do something. Doing nothing can get her in trouble.

ttpawpaw

It sounds like a good case for a lawyer. I doubt that anyone out here has the brains or education to give the correct answer on what is going to happen to you (your sister LOL). If someone does give you an answer be very careful. You could end up in jail. The court system says that ignorance of the law is no excuse.pp

butterfliesRfree

One, he was arrested so there is already a "report" taken and once it is a criminal offense, the State Attorney's office represents the wife (in a way) she is not the actual "Plaintiff" and the State will have to prove their case. If they told her it wasn't necessary to show up, then it's not necessary. Personally, I would show up to be a "witness" to my own case....if he didn't even get a chance at bail, it must have been pretty bad. The State has to prove the case though, not her.

MOB

Talk to your sister - this does not sound like a good situation for her to be in, or anyone - she needs to go to court to prevent him from further hurting her - unfourtunately her husband will be let
go free and clear......give her the support she needs to make
her go to the court room....no one needs to be abused.

Pimpin John

The judge will issue a bench warrant and they will be arrested on site. FTA [Failure to Appear] will be added to their existing charges. They will probably loose custody of any minor children, at least temporarily.

tallerfella

He gets let go probably. Case dismissed. Then she gets another thumping when he gets home. Smooth move on her part................

jbloor@att.net

He will get out of jail and beat your sister up again! Get help!

solomon

Domestic abuse USED to be an arrest ,which if not prosecuted by the complainant, the charges would be dropped.. Today, depending on which state you live in, once a crime is committed domestic abuse(assault) makes no difference if the complainant pursues it, the municipal prosecutor can if he so chooses, subpoena the complainant to court and prosecute it for the state.. convict and judicate.. Many times, a victim is afraid to prosecute the perpetrator, for fear of future and more violet retaliation.. The prosecutor can also prosecute domestic violence from the aspect of witness intimidation!! SOLOMON

TNguy

He will beat her *** when they let him go, because she had him arrested. Count on it.

DORY

Why do you care, when "She" doesn't! Best to mind "your" own business, don't you think? Take care of you, first! Your sister will bite your ***, before "HE" would! Beware, and be Aware! Do not take sides in nothing you know, 100%! Good luck!

Mommyof2

I guess he will get off. In my opinion she should of shown up but I don't judge people.

lynnkimbur

He might be released or somthing like that, I am not too sure, but it's probably best that she goes.

diddles

The authorities will contact the five to and she could also be fined/ worst case arrested for not showing up in court...on the other hand the judge could sentence the husband for the amount of time he deems necessary for the guy to learn not to abuse his wife.

gambling_girl63

the state has the option of pressing charges without your sister present. if she doesn't show up to testify the chances are better the charges will be dropped. however, if the assault was bad and your sister was hurt, he will probably still be charged. if this is the first time he has assaulted anyone, he will probably get probation and anger controll classes.

to0fly4u

the charges probably got dropped

daljack -a girl

If the State has evidence against him they will go ahead and prosecute him.

He committed a crime against the State....so it doesn't matter if she shows up voluntarily.....they can and should subpoena her.

richard

He was refused Bail due to the 24 hour cool off law in most states. Not sure about where your from, but if either party have a court appearance for a "charge" then they will have a bench warrant on them. No 99 times out of 10 they wont come look for them, BUT if they get stopped by the police for anything they will goto jail and have to bond out, that is IF the judge will allow bonding, Once you do the Not appear thing, judges dont want you bonded cause chances are you wont show up again.
Tell her to goto court, if its a first offence they generaly do not throw you in jail but rather will give a fine and or ask for some type of anger management program.
Thats better than the other alternative.

John S

Well if your sister doesn't show up it will look bad on her in future court dates. They will let him go because there's no one there to press cahrges. Next time it happens the cops will do nothing because your sister has burned them once and they will know from now own if they go is just to stop you'll from fighting and that's all.

seashell

She REALLY REALLY needs to be there. A strong message needs to be sent that this will not be tolerated. Not being there is giving him a pass on what he did.

joe_fleeman

The courts will throw it out for now, after so many times they will put HER in jail for abusing the system and they should,and the state will prosecute him.

zeb6219

If there is evidence that can be used by the prosecutor, and prove his behavior, she doesn't have to show up. Spousal abuse no longer requires the spouse to testify. Many partners have a lot of fear for the act of physical retribution, that many spouses enact as a punishment. It makes no difference. His arrest, incarceration, and the unavailability of of bailing out indicates he has a serious charge pending. My experience with spousal abusers is that their partner should take the children, clothes for them, and go to a safe house that will protect them.

Tru2Me

The case could be dropped. The prosecuter's office could pursue charges without the wife being present and the case would not be dropped (depending upon the county or state).

ash.shop

1)she can be forced by court to attend .
2)the guy will get off the charge as the court will throw out the case.

Marry Anne

well that happened 2 my mom. My neighbor(4 eyes!!) told the police that my dad abused her but it's not true(I know it's not) and the first day my dad went 2 court the judge told him that if he doesn't show up on his 2d court he will be arrested and have 2 pay 2,000 dollars. So a social worker talked 2 me and asked me questions and told my mom to take me 2 the doctor and check if my dad abused from me and she did today (and nothing was found!!! yay) so maybe my 4 eyes neighbor might go to jail for liying and she also doesn't have any prove. well anyway and do not know what might happen to your sis.

Cindy W

i believe it will be dismissed.

Colleen O

Charges against him will be dismissed and he will be released. Doesn't matter whether he was "locked up" and refused bail.

hamc322

well, she will get arrest now..not showing up for court when your served papers is against the law...she will have a warrant for her arrest..him depends on state laws where I live it if that person has a record of abuse he will go to jail but if he don't they throw it out.

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