If I am a domestic violence (DV) victim, what happens if I don’t show up?
In some situations, a criminal domestic violence case may be dismissed if the victim fails to appear in court on the scheduled trial date. In other cases, a prosecutor may have sufficient evidence to proceed with the case even without the victim. Either way, failing to show up at a court hearing for which you have been subpoenaed can cause you problems, whether you are a victim or just a witness.
Under Utah law, if you have been served with a subpoena requiring you to appear or testify in court, you can be held in contempt if you fail to appear as required by the subpoena. Utah law gives a judge power to impose a fine or even jail time as a sanction for contempt of court.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
If you are a defendant in a Utah criminal case, you should never say or do anything to discourage a victim from appearing in court. Doing so can result in an additional felony criminal charge of witness tampering.
If you are listed as a victim in a Utah criminal case but you do not want to pursue the charges or testify in court, you should consult with an experienced Utah criminal attorney regarding your rights as a victim.
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