What Happens If The Abuser Absconds?

When an abuser absconds during domestic violence cases, it complicates legal proceedings and poses challenges to survivor safety. However, law enforcement and courts have measures to address absconding offenders, maintain protections for survivors, and continue legal processes to seek justice even in the abuser’s absence.

Legal and Procedural Actions if the Abuser Absconds

Issuance of Arrest Warrants

Courts can issue non-bailable arrest warrants to locate and apprehend the absconding abuser.

Police Investigation and Search

Law enforcement agencies actively search for the absconding individual and may involve special squads or agencies for tracking.

Protection and Restraining Orders Remain Valid

Existing protection or restraining orders against the abuser continue to be effective, safeguarding the survivor.

Proceeding with Legal Case in Abuser’s Absence

Courts can continue trials or hearings in absentia (without the abuser present) to prevent delays in justice.

Seizure of Property or Assets

Authorities may freeze or seize the abuser’s assets to prevent misuse or dissipation.

Survivor Safety and Support

Maintain Contact with Authorities

Report any sightings or information about the absconding abuser promptly to police.

Enhance Personal Security

Use safe houses, change contact information, and inform trusted contacts about the situation.

Legal Representation

Ensure a lawyer represents the survivor’s interests during ongoing proceedings.

Emotional and Psychological Support

Seek counseling and support groups to cope with stress and uncertainty.

Challenges Due to Absconding

Delay in Justice

Absconding may cause procedural delays and difficulties in evidence gathering.

Difficulty in Enforcement

Serving court notices and orders becomes complicated without the abuser’s presence.

Risk of Reoffending

Absconding abusers may attempt to intimidate or contact survivors covertly.

Tips for Survivors

• Keep all legal documents handy and updated.
• Report any suspicious activity immediately.
• Use technology cautiously to avoid unwanted tracking by the abuser.
• Coordinate with NGOs and victim support services for assistance.
• Stay vigilant about personal safety measures.

Example

In a domestic violence case, the accused absconded after the first court hearing. The court issued a non-bailable warrant, and police initiated a search. Meanwhile, the survivor was granted continued protection through restraining orders and allowed to attend court hearings via legal representation. The trial progressed in absentia, and the abuser’s bank accounts were frozen to prevent asset dissipation.