What Happens if the Alleged Domestic Violence Victim Does Not Show Up at Trial?

Being charged with domestic violence in Indiana is a serious thing. Indiana takes the crime of domestic violence very seriously and imposes harsh consequences on anyone convicted of this offense. If you are convicted of domestic violence in Indiana, you could face several penalties, including incarceration, probation, and fines.

One of the parties that play a critical role in a domestic violence case is the alleged victim. If you are facing domestic violence charges in Indiana, you may be wondering what happens if the alleged domestic violence victim does not show up at trial. Does this mean your case gets automatically dismissed? No, in Indiana, the absence of the alleged victim at trial does not automatically mean the case will be dismissed. However, it is possible for a domestic violence case to be dismissed if the alleged victim does not show up at trial. Read on to learn more.

Understanding Domestic Violence Charges in Indiana

In Indiana, domestic violence includes physical, sexual, and emotional abuse between family or household members. Domestic violence is not one crime. It encompasses several crimes. Below are some of the domestic violence crimes recognized in Indiana:

• Battery
• Domestic battery
• Sexual battery
• Strangulation
• Stalking
• Criminal confinement
• Rape

Domestic battery is one of the most commonly charged domestic violence offenses. According to Indiana law, this offense occurs when someone touches or places bodily fluid or waste on a family or household member rudely or angrily. This offense can be charged as either a misdemeanor or felony, depending on the specific circumstances.

Common Reasons Why Domestic Violence Victims May Refuse to Testify at Trial

There are several reasons why an alleged domestic violence victim may fail to show up at trial. The following are some of the most common reasons why a victim may refuse to testify at trial;

• Love for the defendant, resulting in the victim wanting to save the defendant from being convicted
• Financial dependence on the defendant
• Emotional trauma
• Lack of support
• Distrust of the legal system
• Fear of intimidation or retaliation from the alleged abuser

If a victim fails to appear at trial to testify despite being served with a subpoena, they may be held in contempt of court.

What Happens if the Alleged Domestic Violence Does Not Show Up at Trial?

If you are facing domestic violence charges and you are headed to trial, you may be wondering what happens if the alleged victim fails to show up at trial to testify. So, what happens in such a case? In Indiana, your case may still proceed even if the alleged victim does not show up at trial. However, it depends on whether the state has other evidence they can use against you. If the victim’s testimony is the only testimony the prosecutor has, they may have no choice but to dismiss your case. However, if the prosecutor has other evidence, they may proceed with the case against you even if the victim refuses to testify at trial.

Other evidence the prosecutor may have against you include;

• Other witnesses
• Video surveillance
• A recorded 911 call
• Police reports
• Audio recordings
• Forensic evidence, such as fingerprints or DNA evidence
• Victim’s statement to the police

Contact an Indianapolis Criminal Defense Lawyer

If you are facing domestic violence charges in Indiana, contact our experienced Indianapolis criminal defense lawyers at Rigney Law LLC. We can help you develop a strong defense strategy that can help you fight your charges.

Source:

iga.in.gov/laws/2021/ic/titles/35#35-42-2-1.3