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A WEEK AGO MY SISTER HAD HER HUSBAND LOCKED UP FOR HITTING HER. WELL SHE RECIEVED PAPERS FOR THE COURT DATE. BUT SHE DECIDED SHE DOESNT WANT TO SHOW UP. WHAT WILL HAPPEN TO HER HUSBAND? NOW KEEP IN MIND WHEN HE GOT LOCKED UP HE WAS REFUSED BAIL MONEY.

2007-12-13 12:15:47 · 41 answers · asked by RODEO RIDER 1 in Family & Relationships Marriage & Divorce

41 answers

Depending on the state, jurisdiction and the judge, it may be dropped, or the judge will order for her to be arrested for wasting the court's time. It will depend on the authorities as to what they will do with the husband. It may, or may not be up to her as to what action they will take.

2007-12-13 12:24:02 · answer #1 · answered by bombastic 6 · 0 0

HERE'S HOW THAT WORKS :

A statement was made to the police by your sister. Your sister pressed charges and the husband went to jail. Remember, A statement was made !
Now, your sister recieved papers for the court date...( I'd like to know if it's a summons to appear). If it is only a court date paper, your sister doesn't have to show up BUT the state can and probably did pick up the charges against the husband. If that's true, he will still be tried by the prosecuting attorney's office.

If there was a summons to appear in court for trial and your sister doesn't show up...your sister will be held in contempt of court and a bench warrant will be issued for her arrest. The state will still proceed with the case against the husband.

Now, If your sister tells the cops she lied to get the husband out of it...charges will be brought against the sister for " giving false information to a police officer and wrongful prosecution " and will be arrested..

If she wants to drop charges....SHE CAN, she can goto the court house. Stop by the Circuit Clerks office and sign a paper wishing to drop the complaint. I takes 24 hours to clear. HOWEVER, the state still has the right to proceed even if she doesn't want to.

FYI : Laws are being changed on a daily basis, a new law is becoming effective in virutally every state in the US. The new law states that when police are involved in a domestic issue, someone " SHALL " goto jail. Which means, if the police are called out, someone will goto jail. Hope this helps you out.

There's still a chance the prosecutor's office would drop the charges if your sister wanted them to, she would have to go and see the prosecutor or call. He/she may drop it especially if it's a first time offense. Laws are stricter now because of the Domestic Violence Awareness Group.

2007-12-13 13:17:45 · answer #2 · answered by Dr. Knowe Nuthing 4 · 0 0

He was refused Bail due to the 24 hour cool off law in most states. Not sure about where your from, but if either party have a court appearance for a "charge" then they will have a bench warrant on them. No 99 times out of 10 they wont come look for them, BUT if they get stopped by the police for anything they will goto jail and have to bond out, that is IF the judge will allow bonding, Once you do the Not appear thing, judges dont want you bonded cause chances are you wont show up again.
Tell her to goto court, if its a first offence they generaly do not throw you in jail but rather will give a fine and or ask for some type of anger management program.
Thats better than the other alternative.

2007-12-13 12:22:27 · answer #3 · answered by richard 4 · 0 0

They may throw the claim out the window since she is showing the courts she isn't interested in being there. Doesn't look good when the filer is a no show. They will reevaluate how long his jail sentence will be and contact her on where she stands. A lot of different things could happen....warrent for her arrest if she was served papers, held in contemt, failure to proceed court apperance, fined for many things...depends on the state and how serious the actions. Best Advice, go to court and see what happens. Best of Luck and Happy Holidays

2007-12-13 12:21:01 · answer #4 · answered by Military Mama due 03/09 4 · 2 0

It sounds like a good case for a lawyer. I doubt that anyone out here has the brains or education to give the correct answer on what is going to happen to you (your sister LOL). If someone does give you an answer be very careful. You could end up in jail. The court system says that ignorance of the law is no excuse.pp

2007-12-13 12:20:41 · answer #5 · answered by ttpawpaw 7 · 1 0

Domestic abuse USED to be an arrest ,which if not prosecuted by the complainant, the charges would be dropped.. Today, depending on which state you live in, once a crime is committed domestic abuse(assault) makes no difference if the complainant pursues it, the municipal prosecutor can if he so chooses, subpoena the complainant to court and prosecute it for the state.. convict and judicate.. Many times, a victim is afraid to prosecute the perpetrator, for fear of future and more violet retaliation.. The prosecutor can also prosecute domestic violence from the aspect of witness intimidation!! SOLOMON

2007-12-13 12:32:37 · answer #6 · answered by solomon 6 · 0 0

So, do you tell him approximately each telephone communication, or bump into which you have each and every day? I do have self belief open communication is significant in any dating. yet, I additionally think of which you're allowed to have your individual company, as long as that is not scandalous. that is significant which you ask how his day became (and visa verse) and what's happening (regardless of if it bugs you), it shows which you care, and have an interest in how he's doing. There are limitations nevertheless...in case you ask too often, or push too not uncomplicated, you're nagging, nosey and suspecting them of a few incorrect doing. Are you in contact which you're being ignored of a few juicy gossip, or something fairly significant? you're a chick...you should already be attentive to components to get the juice. If this could properly be a mutual buddy he's speaking to...would not that is in simple terms as uncomplicated so you might get in touch and discover out what's been up? If that is one among his acquaintances, then that is none of your organization, except he makes it your organization. what's significant is which you the two show the goings on that are pertinent on your lives. different than that, i might in simple terms supply him some area, and not attempt to nostril in on each little element in his day. You expressing pastime in what's happening in somebody else's existence, particularly than his or your individual could desire to be a source of frusteration for him. i be attentive to that is in all probability a distant places theory, yet have you ever seen how he feels once you ask him approximately what's happening with each physique else each and all the time? in simple terms asserting...in line with probability you should positioned your concentration back the place it belongs.

2016-11-03 04:51:17 · answer #7 · answered by ? 4 · 0 0

well that happened 2 my mom. My neighbor(4 eyes!!) told the police that my dad abused her but it's not true(I know it's not) and the first day my dad went 2 court the judge told him that if he doesn't show up on his 2d court he will be arrested and have 2 pay 2,000 dollars. So a social worker talked 2 me and asked me questions and told my mom to take me 2 the doctor and check if my dad abused from me and she did today (and nothing was found!!! yay) so maybe my 4 eyes neighbor might go to jail for liying and she also doesn't have any prove. well anyway and do not know what might happen to your sis.

2007-12-13 12:25:58 · answer #8 · answered by Anonymous · 0 0

The authorities will contact the five to and she could also be fined/ worst case arrested for not showing up in court...on the other hand the judge could sentence the husband for the amount of time he deems necessary for the guy to learn not to abuse his wife.

2007-12-13 12:20:35 · answer #9 · answered by diddles 2 · 0 0

If there is evidence that can be used by the prosecutor, and prove his behavior, she doesn't have to show up. Spousal abuse no longer requires the spouse to testify. Many partners have a lot of fear for the act of physical retribution, that many spouses enact as a punishment. It makes no difference. His arrest, incarceration, and the unavailability of of bailing out indicates he has a serious charge pending. My experience with spousal abusers is that their partner should take the children, clothes for them, and go to a safe house that will protect them.

2007-12-13 12:26:15 · answer #10 · answered by Anonymous · 0 0

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