If a victim of domestic assault fails to show up at trial after being subpoenaed by the Crown, it does not necessarily mean that the case will be dropped. The Crown has a vested interest in pursuing domestic assault cases and has a stringent policy which directs them to do so for valid reasons.
The Crown can inform the judge that they are proceeding with the matter and request a warrant for the victim’s arrest. The police can then attempt to locate the victim and bring them back to court. The trial may not continue on the scheduled day, but a return date will be set. The Crown’s typical policy is to proceed with all domestic violence (i.e., intimate partner violence or “IPV”) cases because if they do not, it could result in a dangerous situation. If a large number of IPV victims fail to show up for their spouses’ or partners’ trials, it could lead to a situation where one of them is harmed or killed by their abuser. While some cases may be dropped if an alleged victim does not show up at trial, it is less likely to happen in cases involving intimate partner violence.
It is important to note that this policy applies to both male and female victims of domestic assault. The Crown’s focus is on pursuing and moving forward with cases where there is sufficient evidence to support a conviction. If a victim is unwilling to testify, the Crown may still be able to pursue the case with alternative evidence and may also force the victim to take the witness stand and testify.
If you have been subpoenaed to testify in a domestic assault case, it is important to attend court. If you are unable to attend for any reason, you should inform the Crown’s office as soon as possible. Failing to show up without a valid reason could result in a warrant for your arrest.
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Video Transcription:
What happens if a domestic violence or domestic assault victim doesn’t show up at trial? It’s a man male victim or woman victim woman. They’ve been subpoenaed by the Crown and they simply don’t show up. Well, one might think that the case is just going to go away. Well, that’s not the real answer and what happens? See the Crown has a vested interest and a policy of pursuing domestic assault cases and in turn for valid reasons. That’s part of their practice and policy. So, I tell clients look, if your wife or girlfriend or your husband or boyfriend if the case may be because I do represent many women charged with domestic assault as well. If they don’t show for trial, the case is not necessarily going away. Because what the crown can do is they got that person under subpoena, they can say to judge, look, we’re proceeding with this matter. We’ve got a subpoena. The victim hasn’t shown up today, we would like a warrant for the arrest, for the exercise with discretion, for example, we’re going to go out have the police talk to her try and bring her back. Otherwise, she can be placed under arrest. Let’s have a return date. So, the trial might not go on that day. They might not pick that person up that day, but there’s going to come back another date. And it just simply doesn’t go away that easily in Ontario. Now mind you, have I seen cases go away that way? Yes. Maybe on a very minor push or something like that, but if there’s any violence involved, the Crown really directive they say we need to proceed with the case because here’s the problem and it may not apply to your particular case. I’m not saying you’re a violent person who’s charged or my clients are, but if you take 5000 domestic assault cases across the province. And those and 5000 of them don’t show up and you don’t pursue a warrant for the arrest and then what’s going to happen I don’t know one of those is going to go back and murder their wife or husband as the case may be these the way these policies are in place. I agree with the policies there’s no question but don’t think your matters necessarily just going to go away because the victim doesn’t show up. The crown can pursue it. They got a subpoena it’s a court order and they can get a warrant for the person’s arrest and have the police bring her back to court essentially. That’s it in a nutshell about why your case might not necessarily go away if your husband or wife doesn’t show up at the trial.Thank you for watching our video. We are absolutely committed to bringing you the best possible criminal and DUI educational videos. If you found this video helpful, please like it and subscribe to our YouTube channel. If you’ve been charged with a criminal offence in Ontario and require our services, please click on the link in the description below. 
