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Hi, thanks for your question. I'm Stacy. Give me a second to review your question. I'll be happy to help you.
Are you referring to a protective order when you say "ExParti"? If so, typically in these situations, the prosecutor will dismiss the charges. Without a cooperative witness, the state really does not have much of a case to present at trial to obtain a conviction.
Did she provide them copies of the text messages initially to show that you violated the order? If so, they could try to proceed with that evidence, but I'm not sure if that alone without your wife's testimony would be enough. Typically, prosecuting attorney's offices are overworked and they simply will not fool with prosecuting a case where the victim has reunited with the the person with whom she had a protective order.
I'm sorry I'm not available to take a live call at this time. If you would prefer, I can opt out and let another expert finish this for you.
But to answer your question, your wife could be sanctioned if she fails to appear. However, in my experience in domestic situations, they do not push the issue.
She could possibly be presented with a warrant for failure to appear. However, I work in criminal court for a judge and see how cases move through the system on a daily basis. In my 7 years, I've never seen them prosecute a case for this type of situation when the victim has reunited with a significant other.
It doesn't mean that it doesn't happen, but it is very infrequent. The worst sanction is an arrest order being issued. But typically if a witness fails to appear on behalf of the state, they just dismiss the case.
Her best bet would be to call the prosecutor or victim's advocate (if your court has one) and explain you two have reunited and she is not interested in cooperating with the prosecution. They may be able to advise her over the phone what their intentions are before it goes further and leaves you both unsure about the future.
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