Many domestic violence cases come down to one person’s word against the other person’s. While there might be some evidence, it may not be all that much. People facing these charges must understand how the alleged victim’s testimony and cooperation can come into the picture.
The circumstances surrounding a domestic violence claim may be chaotic. They often include personal information, which can make these matters challenging to deal with. In some cases, the alleged abuser and victim end up reconciling, but this won’t necessarily do away with the criminal charges.
One thing that usually happens when there is a criminal case for domestic violence is that a protective order is issued. This forbids the person who is charged with the crime from having contact of any sort with the victim. You can’t disobey this order, so it might make it difficult to reconcile with the person. If it is found that you are contacting the victim, you may face more legal trouble. The only way that you will be able to have any contact with that person is if the court voids the protective order.
Once the prosecutor has the case, it is up to them to decide the course. At this point, the victim has no options for having the case dropped. It is strictly up to the prosecutor and judge to determine whether the case should move forward. Some won’t proceed if the victim won’t cooperate, so that is a possibility. Even if that person decides not to cooperate with the case against you, they might have specific obligations.
When a victim doesn’t cooperate
The victim failing to cooperate can make prosecuting the case more difficult. However, this doesn’t mean that it will be impossible. Instead, they can still pursue the case and might opt to use the person as a witness. A subpoena can’t be ignored so they can face legal consequences if they don’t show up to court in Texas. It is a good idea for them to get the assistance of a lawyer so they can find out the suitable ways to answer questions they are asked on the stand.
Now that you know that you can’t base your plan on the victim having the charges dropped, you can see why it is so important that you start your defense strategy planning early. The more time you have to prepare, the better case you will have when it counts.