California Domestic Violence: What Happens if Victims Won't Testify?

You are facing domestic violence charges in California. You do not believe you have done anything wrong. The person who filed the complaint has since refused to cooperate with an investigation. This means you are probably wondering: Can someone be prosecuted for domestic violence even if the victim refuses to testify at trial? The simple answer is yes, the more complicated answer is maybe.

Domestic Violence Prosecutions

Domestic violence victims may be protected in two ways. The first is by invoking spousal privilege. The other protection is offered in California CCP 1219 which allows the victim to avoid testifying against the perpetrator of domestic violence. As a defendant, your prosecution will depend on the District Attorney's office and they may use any evidence that helps support their case without the assistance of a victim.

What Type of Evidence Exists?

While the prosecutor may have a problem proving their case without a witness, your criminal defense attorney will need to know what other evidence exists of domestic violence. Some examples include:

• Police reports – were the police summoned to the home due to a 911 call from the victim or a third party? If the victim called, the 911 call may be admitted as evidence. Because it would be considered an “excited utterance” the call may not be considered hearsay.
• Medical reports – if the victim sought medical care there may be medical reports and photos taken at the hospital. These may be used to prosecute the defendant even if the witness refused to testify.
• Witness testimony – some cases of domestic violence may be prosecuted based on witnesses to the incident. The presence and availability of a witness may bolster the prosecutors case. However, in many cases, the only witnesses only heard the altercation and were not physically present.

Not As Bad As You Think

As a defendant, you may think with this type of evidence you have no way to defend yourself. This is simply not true because a criminal defense attorney who understands domestic violence laws can still help. Here’s how:

• Police report defense – assuming you didn’t admit to domestic violence, the police only have one side of the story. The police would have had to witness the violence to definitely state the violence occurred. Without a corroborating witness, this may not be possible.
• Medical report defense – victims often provide a different reason for their injuries when being seen by a medical professional. This can help bolster your criminal defense.
• Witness to violence – in the event a witness statement is provided the prosecution, your lawyer will have to determine they were actually present. The witness can be cross-examined to determine what they actually saw at the time of the alleged domestic violence. Just because they claim to have been there doesn’t always mean they were. Hearing an altercation is much different than seeing an altercation.

A prosecutor may be dealing with a circumstantial case if the witness refuses to testify. Even when another party testifies about scratches, cuts or bruises there may be other reasons for these injuries that have no correlation to domestic abuse. As a defendant, you have no obligation to testify in court leaving the prosecutor no way to prove that a possible alternative explanation for marks on the plaintiff never occurred.

Domestic violence is a serious problem and too often, it is used as a weapon in divorce cases or when the couple has other problems. If you are facing domestic violence charges, you need an experienced criminal defense attorney. If you are facing any charges of domestic violence contact an attorney immediately. Whether the person accusing you is willing to testify or not, your criminal defense attorney will mount an aggressive defense and do their level best to help have the charges reduced or dismissed.

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