What Happens When Domestic Violence Victims Won’t Testify?
Domestic Violence and Victim Testimony
When a person is prosecuted for a domestic violence case and their spouse refuses to testify, it typically leads to confusion for some people. Can the defendant still be prosecuted for their crime? The simple answer is YES. Prosecutors will try to gather evidence against the individual and prosecute them for the crime, even without a damaging testimony from the victim. Whether the prosecution wants to move forward with the case or not is up to them. Some prosecutors will toss out the case, but others might pursue it, especially if this is a reoccurring problem with the couple.
Collecting Evidence Against the Defendant
The prosecution will have a team of people that will start to gather evidence if they pursue charges. Medical evidence is one of the most common tools used by prosecution to pursue a case.
Previous Convictions
If there have been previous convictions, the prosecution is likely to seek charges against the defendant. Prosecutors can choose to proceed at this point, and it is time to hire an attorney as soon as possible. Individuals dealing with domestic violence in Utah can end up serving in prison for several years if they fail to have an attorney negotiate with the prosecution. Kelly Peterson Law can provide assistance to both sides of a domestic violence case to reach a fair outcome for both parties. Contact our Orem Law Office today to discuss your legal rights (801) 616-3301!