[aliaricam3]

Hello all, I amlooking for an answer for a family member. She had a fight with her boyfriend a couple of years ago and called the police on him (he hit her). Well Iguess they have been fine for the past couple years and they even live together. THe boyfriend found out he had a warrant from when she called the police so he went to court and now there taking him to trial. She says she does not want to go because everything is fine (so she says). Well they moved to another town and the police in that town delivered a summons for her to show up but she was not home so they gave it to the boyfriend, what willhappen to her if she does not go to court, It is the commonwealth of Massachusetts that summons her.

[ScottGem]

If it was delivered to her home and accepted, then that would consitute a valid service. She would be in contempt of court if she didn't respond. But I'm surprised they are prosecuting if she withdrew the complaint.

[aliaricam3]

I guess its because Massachusetts has a no drop policy for domestic, But if its against him why would they serve it to him, what she really wants to know is can she go to jail

[ScottGem]

For contempt of court, yes.

[aliaricam3]

That's what she's afraid of. If she does not show up how long do you think she will get

[ScottGem]

Depends on the judge. Probably until she testifies.

[Fr_Chuck]

On contempt of court, they often will hold them in jail till she desides to testify. Or they can go ahead with the trial without her, and read her original statement ( when she was mad) into court records at some pont nomally also.

So it may actually be better for the boyfriend if she does testify, then his attorney can ask about the last couple of years.

[pasiria]

A server once served my ex-roommate. I didn't live there anymore. I didn't show up for court for a lawsuit case. Three years later, I ended up with a suspended drivers license for 10 years. I was almost arrested during X-mas for driving with a suspended license (I didn't even know) It took me a year to get my license and I had to pay about 9,000 in full. I almost lost land, which was under my name. It was a very bad experience. If she doesn't go and wants to file a suit for technicality, she could, but it would cost double, plus she will be punished. The state is pressing charges against him and she may not withdraw. Do what's right. I chose to be a smart because I thought I was not served and I ended up with more problems. Ask her to face the problem now.

[aliaricam3]

Hello all, I am asking another question about the same subject,When the boyfriend went to court the judge told the DA to get the witness in court and if not, she has no choice but to close the case, So if she does not show up and the case is closed what will happen to her

[Fr_Chuck]

Normally nothing, but again, if the judge is in bad mood, real all the above which can happen.

[JudyKayTee]

A server once served my ex-roommate. I didn't live there anymore. I didn't show up for court for a lawsuit case. Three years later, I ended up with a suspended drivers license for 10 years. I was almost arrested during X-mas for driving with a suspended license (I didn't even know) It took me a year to get my license and I had to pay about 9,000 in full. I almost lost land, which was under my name. It was a very bad experience. If she doesn't go and wants to file a suit for technicality, she could, but it would cost double, plus she will be punished. The state is pressing charges against him and she may not withdraw. Do what's right. I chose to be a smart because I thought I was not served and I ended up with more problems. Ask her to face the problem now.

Who would the person served sue and on what technicality? I don't see how this would turn into a lawsuit or what the technicality is - what am I missing here?

[JudyKayTee]

I guess its because Massachusetts has a no drop policy for domestic, But if its against him why would they serve it to him, what she really wants to know is can she go to jail

If she doesn't testify, yes, she can land in jail (I'm parroting what other people have said).

Al the server has to do is serve a responsible adult at the correct address, which apparently was done. A more important question might be why the boyfriend accepted service.

[aliaricam3]

If she doesn't testify, yes, she can land in jail (I'm parroting what other people have said).

Al the server has to do is serve a responsible adult at the correct address, which apparently was done. A more important question might be why the boyfriend accepted service.

If they close the case because she did not show up what can happen to her?

[ScottGem]

If she fails to answer a legal summons she could be jailed for contempt of court. However, if they just close the case, they will probably drop it.