If I am unable to testify in court is there anything else I can do to ensure a domestic violence offender is brought to justice?

This is not a question a defense attorney can answer. The DA has tools which they can use to protect you. You need to call the DA IMMEDIATELY and talk to them about this.

You need to make the police and prosecutor aware of the threats and intimidation you are experiencing...either for protection, bond revocation or additional charges...but there is little that can be done if you fail to testify because no matter how much of a dirt-bag he is, he has a constitutionally guaranteed right to confront his accuser...no testify, no conviction and chances are the treatment and behavior will only get worse because there are no ramifications.

Speak to the prosecutor and request a meeting with her/him to discuss your testimony. If you are threatened by his family notify the police.

The father of your child could be charged with the following; Penal Code 273.5 pc Corporal Injury to a Spouse or Cohabitant Penal Code 273.5 makes it illegal to inflict a "corporal injury" resulting in a "traumatic condition." A person commits this crime by striking his/her intimate partner in some violent way and causing a visible injury, even a slight one such as swelling or a bruise. This California domestic violence law can be charged if the alleged victim is a current or former spouse or cohabitant or the parent of your child. The family mempers could be charged with the following; 132 . 5 . (a) A person who is a witness to an event or occurrence that he or she knows, or reasonably should know, is a crime or who has personal knowledge of facts that he or she knows, or reasonably should know, may require that person to be called as a witness in a criminal prosecution shall not accept or receive, directly or indirectly, any payment or benefit in consideration for providing information obtained as a result of witnessing the event or occurrence or having personal knowledge of the facts. (b) A violation of this section is a misdemeanor and shall be punished by imprisonment in a county jail for not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (c) Upon conviction under this section, in addition to the penalty described in subdivision (b), any compensation received in violation of this section shall be forfeited by the defendant and deposited in the Victim Restitution Fund. 18 USC1512(a) (1) Whoever kills or attempts to kill another person, with intent to? (A) prevent the attendance or testimony of any person in an official proceeding; (B) prevent the production of a record, document, or other object, in an official proceeding; or (C) prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3). (2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to? (A) influence, delay, or prevent the testimony of any person in an official proceeding; (B) cause or induce any person to? (i) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding; (iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (iv) be absent from an official proceeding to which that person has been summoned by legal process; or (C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3). (3) The punishment for an offense under this subsection is? (A) in the case of a killing, the punishment provided in sections 1111 and 1112 ; (B) in the case of? (i) an attempt to murder; or (ii) the use or attempted use of physical force against any person; imprisonment for not more than 30 years; and (C) in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years.

Report the family member(s) that threatened you to the prosecutor. That's "obstruction of justice" a serious charge. The prosecutor will take care of that yahoo for you. Tell the prosecutor what you told us.

He will not be prosecuted unless you testify.

I recommend that you talk to the police officer in charge of this case and let him know what is going on with the threats from the offender's family. It is a criminal offense for them to threaten you in an attempt to prevent you from testifying. The offender is already in custody so he will get whatever penalty goes with the crime he is charged with. If it is determined that he conspired with his family to try to prevent you from testifying against his he could also get the same penalty that the people who threatened you in addition to the original charge.

I think you should tell the prosecutor about the intimidation. The relatives can go to prison for such things. The Prosecutor has ways to counter their threats.

You can tell the district attorney about the threats.

Ask the prosecuting attorney handling the case.

You need to talk with the prosecutor.

He could be charged with domestic violence and refusing to allow you to use your phone. You should speak with the prosecuting attorney handling the case and advise him/her of the threats. They will be able to assist you and advise you as to how to proceed.

Without you, a dismissal is likely. You should speak to the prosecutor to make sure they know the situation. Especially the threats.

He is most likely charged with at least spousal abuse and perhaps also assault with injury. BUT unless you testify they will cut him loose. the Constitution says you (him) has a right to confront your accusers. That;s you. If you don't testify he walks unless someone else saw him do it and can testify.

Report this action IMMEDIATELY to the police. These family members are tampering with a witness. They can be charged with the crime of "witness tampering", which is a jailable offense.. It is something that the courts, judges, and legal system DO NOT take lightly. You need to protect yourself and your unborn baby. If they are successful in preventing you from testifying, and the charges are dismissed, what do you think this person is going to do. If he assaulted you once .. and as violent as this assault upon you was.... then he WILL do it again. Cutting off oxygen to you when he choked you was like cutting off oxygen to your unborn baby. I hope all is well with you and your baby. If you haven't been checked out do so. DO NOT waste any time reporting this... call the police IMMEDIATELY.

Contact the prosecutor and let him/her know of the threats. There may be ways to still preserve your testimony. Plus, possible charges against his family.

You can tell the DA about this, but if you want the prosecution to be successful, you should be quiet about your inability to testify. Once a defense attorney catches wind of this the case will likely proceed to trial where, if you're not there, the case gets dismissed.

A victim should contact the assigned Prosecutor if there is a problem testifying. Most prosecutor's offices have victim advocates who can assist in the process of having to testify. An accused person has the Constitutional right to confront their accusers which includes the right to cross-examine witnesses in court. If a person refuses or cannot testify and there are no other witnesses to prove the case, it could result in the charges being dismissed.

You need to speak with the District Attorney handling the prosecution of his case. Also, if you are being threatened by his family, you need to file a report with the police and also tell the D.A. what is happening.

If you don't appear at the court hearing when subpoened by the DA, charges could be dismissed. Discuss it immediately with the DA on the case. You or your attorney could submit your Declaration and that of your physicians supporting your condition and need to not appear.

You need to talk to the prosecutor about the external pressure being applied. It is possible to get a restraining order to prevent the contact. It no longer is a requirement that the victim must testify for the case to go forward. The evidence, including pictures, can speak to the injuries that resulted from the assault 4th degree with domestic violence. But, please talk to the prosecutor.

Without a witness there will be no conviction. Call and speak with the assigned prosecutor about your issues AND the additional threats. You Are not the first person in the position you find yourself.

Reports the threats to the police and prosecutor. If that does not work report the threats to a women's shelter and the lack of law enforcement help. They can provide you with assistance to get through the family threats.

Charges 273.5 of the penal code. Is there a support person that can help you attend hearings? It would be crucial for you to testify.

You may not need to testify, stay in touch with the victim advocate and let them know exactly what has happened with his family. He is facing serious charges, probably two felonies. Most cases are resolved without going to trial.

You need to report the threats to the District Attorney involved in your case. If they do not respond, contact the police department which took your complaint, if possible the officer who spoke with you. Threatening a witness is an additional charge. If you don't testify, the case will probably be dismissed, he has a right to confront and cross-examine you at trial. The DA may be able use the police report in early stages, but at trial you will need to be present.

Doesn't sound like he is much of a father figure, nor will his family be a positive influence, to your son. The case will likely go away without your testimony so it will be very important that you work with the state to minimize your stress level. Also, tell the prosecutor of the threats from his family right away.

A Defendant has the right to confront/cross-examine his accusers. If you do not testify, there will be problems in getting a conviction.

It is always best, before seeking independent counsel, to speak to the prosecutor handling the case about issues such as these. He or she will be able to tell you if the case can be postponed until you are better able to testify. It is a constitutional requirement that persons accused of a crime be afforded the opportunity to confront their accusers. So, yes, your in court testimony in all likelihood is required if it goes to trial. As to threats by his family, you should inform the police. Threatening a witness is a serious matter. Again, the prosecutor handling the case may be of assistance in dealing with this.