You are NOT the plaintiff. The City or the State (depending upon who is charging) is the plaintiff. This is a criminal case. You are simply the victim/witness to a crime (assault) that was allegedly committed by your boyfriend. You probably gave a statement to the police at the time your boyfriend was arrested. They can use that statement, as well as any evidence of injuries you may have sustained. If you choose not to show up for trial, the judge could issue a material witness warrant, which means that the police could go and pick you up (arrest) you and bring you to court to testify, and even hold you in jail until you testify (this is rather drastic, but I have seen it done). If you refute those statements that you gave the officer at the time of your boyfriends arrest, saying that you lied, then you could be charged with perjury ( a jail able offense). Once the police and the legal system is involved, you loose all control. What ultimately happens with your case (whether it goes to trial or not, is entirely up to the DA. In case you haven't figured it out by what I am telling you, the courts and the judicial system take domestic violence cases very seriously. If they simply dismiss your case, what are the chances that you and your boyfriend will be repeat customers to the judicial system. What if next time he really hurts you. If your boyfriend hit you once, he will hit you again. If you are telling me that you hit your boyfriend, chances are, you will do it again. If either of you is willing to strike the other, for whatever reason, it is clear that you have no respect for each other, in which case, you should seriously reconsider why you are together.
Answered on Sep 27th, 2012 at 10:23 AM