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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 37882
Experience:  I provide general practice and mediation & arbitration services to my clients.
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My daughter recently had an in your face altercation with

Customer Question

My daughter recently had an "in your face" altercation with her step daughter, after the girl (age 18) flew in her face with profanities, when she overheard a conversation outlining my daughter's objections to her behavior. This had happened before, that the stepdaughter erupted with obscenities. This time my daughter stood up, went to the phone and called 911, after she shoved Jesse back so she could stand - cops came, grilled the two of them; and an onlooker, when asked who first made physical contact stated that it was my daughter. In reality this step-daughter has been disrespectful, profane, and disobedient constantly for a very long time. My daughter was handcuffed, in jail for several hours until bail was posted; they were both ordered to court next business day, and ordered not to be in the same house. At that brief appearance, another court date was set for July 8. My question is (this is Kansas) if neither my daughter or the stepdaughter shows up for the court date, is it likely that the whole thing will be dropped? My daughter believes so, after having spoken with someone in the system. The stepdaughter has been advised to drop the whole thing, by everyone around her, and not go to the July 8 appearance - mainly because it is felt that if the court gets the whole picture, she could have serious consequences herself. To complicate matters, my son in law (the step daughter's father) suffers from terminal cancer, and is not well enough to try to deal with any of this. Can you tell us whether my daughter should indeed keep the court date, whether she should retain legal counsel, whether the step daughter should go (her father can persuade her, we think, to do what is right and best). She has moved into an apartment during this interim period and she and my daughter have no contact.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 3 years ago.
Thank you for your question.

If both fail to appear, then yes, the restraining order will be dropped. However your daughter is the one that has more to lose--if she fails to show the the order against her will be upheled and made final. Second, the criminal charges against her are not so easily dismissed--if she fails to appear the state may still elect to go and charge her. Only if she appears but the step daughter does not does she stand a very great chance of having the charges against her dropped.

Good luck.
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 37882
Experience: I provide general practice and mediation & arbitration services to my clients.
Dimitry Esquire and 12 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

Sir,

 

My daughter went to her court appointment today - her step daughter did not appear. She was asked if she had representation, wanted court appointed representation, or would be representing herself. She said she would represent herself. The judge gave her a form to fill out (?) and set a "trial date" for August. She was given no other explanation. We have no idea what any of this means, or where this stands now. We had been of the opinion that if her step daughter did not appear today, the charges could be thrown out. Can you help to clarify?

Expert:  Dimitry Esquire replied 3 years ago.
Thank you for your follow-up.

I will be happy to clarify. Do you know if the daughter filed for a continuance of any kind?
Customer: replied 3 years ago.
To answer your question, No, it is believed that the grandaughter did not file for a continuance. It would appear that this appearance today was a preliminary hearing, though specific instructions were either not given, or not understood. We are to assume that - once again, my daughter needs to appear on the court date, and the grandaughter should not appear. She is assuming that it is sufficient that she represent herself, and that she simply request that the case be dismissed.
Expert:  Dimitry Esquire replied 3 years ago.
Thank you for your follow-up.

She is assuming wrong. While it is much more likely that the state will choose to dismiss the claims without the witness, she simply cannot count on it. The state may believe that they have enough that they will be able to pursue without the witness, or they may subpoena the daughter to appear for the hearing. This sounds less like a restraining order situation and more akin to actual criminal charges, and for that she should very much consider retaining an attorney to assist her.

Good luck.

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