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In Louisiana can a person be charge with domestic battery in court if their spouse does'nt show up for court?

In Louisiana can a person be charge with domestic battery in court if their spouse does'nt show up for court? Topic: Court case search warrant
June 17, 2019 / By Randolph
Question: Will the charges be dropped if the person who filed charges against their spouse does'nt show up for court? Early January 2011 my friend and her boyfriend got into a fuss.Her boyfriend got mad and pulled out a gun and pointed it at her she became scared for her life and called the police in Kenner,Louisiana. When the two officers showed up at the seen they asked what happened and she explained to them that they had got into a fuss and he pulled the gun out on her. The officers asked did she want to fill charges and she stated yes so she was told to wait while they search for the gun so upon the search of the apartment the weapon was not recovered he had then hide the gun somewhere to where they couldn't find it therefor no arrest was made,the officers said its a misdemeanor by the weapon not being found. She was then told if she doesn't show up to court the charges will be dropped but if he doesn't a warrant will be issued out for his arrest. He received a paper that night of the fuss from the officers with his court date on it and yesterday she received a paper saying that she has to go to the District Attorney Office to state weather she wants to press charges or not so now she doesn't wants to press charges and she wants to know can the charges really be dropped if she doesn't show up to court or states that she doesn't wants to press charges anymore?
Best Answer

Best Answers: In Louisiana can a person be charge with domestic battery in court if their spouse does'nt show up for court?

Martin Martin | 3 days ago
No, charges will not automatically be dropped. The case will probably be rescheduled and the victim charged with contempt. I've seen the District Attorney issue a warrant for the victim, then hold them in jail until the trial can be rescheduled. That is extreme, but it is possible. They can still convict based on officer's observations, other witnesses, recorded 911 calls, and even statements made by the victim. Although hearsay is not normally admissible, there are exceptions if the victim is not available to testify, so the officer may be able to testify to any statements the victim made.
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Martin Originally Answered: What happens if I challenge this charge and go to court?
Sounds to me like the officer gave you a break... in my jurisdiction, providing alcohol to minors is about $700, a disorderly conduct is less than half that. You never denied the charge, you just stated he couldn't see. You better be sure of your facts. The officer could have got a tip from someone inside the store, or from a customer that overheard something one of you said, and he may know more than you think he does. If you contest this, they could amend the citation to providing alcohol, and you could be out. You didn't say where you were from, but it is possible to lose your license on an alcohol charge, even if you are not in a vehicle. This is probably discretionary, and if you speak to the prosecutor, you may be able to strike a deal. The bottom line, it is up to him to prove this happened. If you think he can prove it, you could be wasting your time. If there is nothing to prove, like you said, of course you should fight it. You are presumed innocent, he must prove you guilty. As far as the attorney, you can probably find one that will give you a initial consultation free, but it may be more expensive than the tickets.

Jess Jess
This Site Might Help You. RE: In Louisiana can a person be charge with domestic battery in court if their spouse does'nt show up for court? Will the charges be dropped if the person who filed charges against their spouse does'nt show up for court?
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Glendower Glendower
As usual Billy Bob is wrong. Despite the name he is not from Louisiana adn his "source" is just a copy of my Y!A profile. Also as usual Bruce is correct. In all state now the "victim" of even a misdemeanor domestic battery or assault is the state, just like in a felony case of any sort. If the prosecution has enough to go for trial they will. The evidence can consist of neighbor testimony, current and previous 911 call recordings, photos of injury to the spouse and officer testimony as to what they saw at the scene.
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Dougie Dougie
Yes, a person can be charge with domestic battery if the spouse does not show up. This is what Louisiana's statute for "domestic battery" reads: "Art. 334.2. Arrest for a crime of violence or domestic abuse battery; release on own recognizance prohibited - "Notwithstanding any other provision of law to the contrary, any defendant who has been arrested for domestic abuse battery or for a crime of violence as defined in R.S. 14:2(B) shall not be released by the court on his own recognizance or on the signature of any other person." The State of Louisiana takes domestic violence very serious. The spouse will be held in contempt
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Dougie Originally Answered: What if i show up to court and am not on the docket?
Did the clerk give you written confirmation that you appeared in court on the appearance date? If so, take it to court and that will take care of it. Otherwise, you are going to have to come up with some evidence that you did appear, or hope that the judge believes your explanation.

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