What Happens if a Domestic Violence Victim Refuses to Testify?
Can you still be prosecuted for domestic violence in Los Angeles if your accuser refuses to testify? Many victims in domestic violence cases want to drop charges and have them dismissed. However, it's a common myth that a victim can just decide to drop the case.
Many domestic violence cases are prosecuted without the victim's cooperation. This means that even in domestic violence cases where the victim refuses to testify, the prosecution can still obtain conviction without the victim's testimony.
In California, domestic violence is a serious offense, often involving physical harm or injury to an intimate partner, stalking, threatening, or damaging someone's property.
One of the most common domestic violence charges is California Penal Code Section 273.5, corporal injury to a spouse. This law refers to situations involving an injury to a person who is or used to be an intimate partner of the accused person.
PC 273.5 can be filed as a felony. Other common domestic violence charges include domestic battery, elder abuse, and restraining order violations.
Along with possible jail time, people accused of domestic violence also face having to complete a one-year batterers' treatment program. They might also have a restraining order put against them by the victim.
After a call to 911 or an accusation of domestic violence, the alleged victim might want the charges dropped due to a misunderstanding or a false allegation made out of anger.
However, California Penal Code 836(d) PC states that when a police officer is called to a domestic violence situation, they can arrest the suspect if they have probable cause to believe they committed assault and battery.
What If the Victim Doesn't Want to Testify?
In situations where the alleged victim doesn't want to testify in a domestic violence case, California Civil Code 1219 CC says:
- "(b) Notwithstanding any other law, a court shall not imprison or otherwise confine or place in custody the victim of a sexual assault or domestic violence crime for contempt if the contempt consists of refusing to testify concerning that sexual assault or domestic violence crime. Before finding a victim of a domestic violence crime in contempt, as described in this section, the court may refer the victim for consultation with a domestic violence counselor. All communications between the victim and the domestic violence counselor that occur as a result of that referral shall remain confidential under Section 1037.2 of the Evidence Code."
Simply put, this law says the alleged victim of a domestic violence charge does not have to testify in the case. It's the judge who can decide whether to hold someone in contempt and punish them for refusing to testify, ensuring a fair legal process.
Domestic violence cases are an exemption to this rule, meaning a victim can refuse to testify without facing contempt of court charges. However, they might still face fees or community service if they refuse a subpoena.
Can You Still Be Found Guilty if the Victim Does Not Testify?
YES. If your accuser decides not to testify against you, then you are not simply released from being held responsible for your conduct. In other words, you can still be prosecuted and convicted for domestic violence.
It's common for DV victims to want to drop charges and end the case, but it's a myth that they have the legal authority to do this on their own. The process doesn't automatically end when victims do not want to pursue a criminal case against their alleged abuser.
California has a strict policy for domestic violence cases, known as the "no-drop" policy. This means that even if the victim expresses a desire to drop charges, the District Attorney can continue with the case.
This policy highlights the state's commitment to addressing domestic violence. Prosecutors have the authority to proceed independently based on the available evidence, thus ensuring that justice is pursued even without the victim's active participation.
Thus, even without the victim's cooperation, many domestic violence cases are still prosecuted by the district attorney. This means the case could go to court, regardless of the victim's wishes. A conviction could still occur, underlining the weight of the evidence against the accused, even if the victim chooses not to testify.
However, if the victim refuses to testify in a domestic violence case and there are no other witnesses to the scene, there's a chance the charges will get lowered or dismissed.
What is Probable Cause?
California Penal Code 836(d) allows police to arrest suspects without a warrant if there's probable cause, which can lead to the district attorney's office filing domestic violence charges. This means that if a reasonable person believes a crime has been committed, the police have the authority to make an arrest.
Probable cause is a legal standard that allows police to arrest someone based on the idea that a reasonable person would believe a crime has been committed. This means that the police can arrest if they have a reasonable belief, supported by facts, that a crime has been or is being committed.
PC 836(d) says, "….if a suspect commits an assault or battery upon a current or former spouse, fiancé, fiancée, a current or former cohabitant as defined in Section 6209 of the Family Code, a person with whom the suspect currently is having or has previously had an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243, a person with whom the suspect has parented a child, or is presumed to have parented a child pursuant to the Uniform Parentage Act, a child of the suspect, a child whose parentage by the suspect is the subject of an action under the Uniform Parentage Act, a child of a person in one of the above categories, any other person related to the suspect by consanguinity or affinity within the second degree, or any person who is 65 years of age or older and who is related to the suspect by blood or legal guardianship, a peace officer may arrest the suspect without a warrant."
What is Evidence Other than the Victim's Testimony?
The alleged victim's testimony can be essential in a domestic violence case, but it is not the sole determinant of whether the prosecution will proceed.
Prosecutors are aware that victims might retract statements or refuse to testify for various reasons, including fear, coercion, or a change of heart. Thus, they are trained to build cases that do not solely rely on the victim's cooperation.
California police and prosecutors can use a variety of evidence to establish a case of domestic violence., such as the following:
- Pictures of injuries, medical reports, and property damage.
- Testimonies from neighbors or family members who witnessed the incident.
- Recordings of 911 emergency calls can capture real-time accounts.
- Detailed reports from responding officers, including their observations and statements made by the victim at the scene.
- Any written communication (text, email) between the involved parties can serve as evidence, especially if there are threats.
- Evidence of past domestic violence incidents between the same parties can also strengthen the DA's case.
What are Some Defense Strategies?
Although prosecutors could decide to charge you with domestic violence independently of the accuser's testimony, it's still more challenging to prove their case without it.
A California criminal defense attorney can often use this lack of victim testimony to your advantage. Some common defense strategies include the following:
- Question the credibility, accuracy, and relevance of the evidence presented by the prosecution, even during the pre-trial phase. Sometimes, showing a weakness in evidence can result in charges being dropped.
- Arguing that any actions taken in self-defense can negate allegations of domestic violence.
- Showing the accusations are false or fabricated can undermine the prosecution's case.
- Discrediting the accuser by questioning their character, motivations, or credibility could weaken the prosecution's case. This argument can supported if the accuser has changed their mind about testifying.
For more information, contact Cron, Israels & Stark, a criminal defense law firm in Los Angeles, CA.
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