Legal Question in Family Law in California
Domestic /violence
Whether the district attorney's office can prosecute for domestice violence when the abused spouse refuses to prosecute and disappears so as to not be avaliable as a witness.
2 Answers from Attorneys
Re: Domestic /violence
The abused spouse is not prosecuting the case. The State of California is prosecuting the case. Once the charges have been brought, the abused spouse has no power to dismiss the case. However, in reality, if the case hinges on that abused spouse's testimony, and that spouse is unavailable for trial (and they made no other sworn statements to the police or District Attorney), the case will be dismissed for lack of evidence.
Re: Domestic /violence
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http://home.pacbell.net/edbjr/ OR
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information about California Family Law, Tenants'
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and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear
enough and/or complete enough to provide a
definitive answer to you inquiry; hover, I would
say probably yes, under the criminal statutes.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.