If you are being tried for a domestic assault but the victim doesn’t come to any court dates, will the charge dropped?

UPDATED: Sep 30, 2022

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If you are being tried for a domestic assault but the victim doesn’t come to any court dates, will the charge dropped?

I’m being charged with an Assault-DV. I know for a fact the party originally wanted to press charges and now she doesn’t. I know she won’t be compliant to the DA or show to any court dates to provide any more allegations.

Asked on July 26, 2017 under Criminal Law, Colorado


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The fact is that whether or not the victim wants to cooperate with the prosecutor, will not automatically cause the case to be dismissed. The charges will not be dropped and the case will go forward if the state feels that it has enough other evidence to support a conviction. While it would be easier to convict with the vitcim's help, it is not essential. The fact is that many DV victims are intimated by their abusers and prosecutors are aware of this so take these type cases very seriously. Further, if the victim is subpoenaed to court but does not show, then a warrant for failure to appear can be issued and they can be arrested and face fines and/or jail time. 

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