As a California resident, you are in a state with strict laws against domestic violence (DV). Although the law supports victims like you, it's common for individuals who have reported domestic violence to later think about retracting their statements.
Recanting a domestic violence statement, for whatever reason, does not typically result in dropped charges. In fact, it could potentially expose the alleged victim to criminal charges, making it a serious decision that should not be taken lightly.
Domestic violence is a unique form of assault, as it involves individuals within the same family or those in a dating relationship. This unique relationship dynamic can often complicate the prosecution of these crimes, as victims may hesitate to see a loved one arrested and face punishment.
Prosecuting these crimes can often be complicated because of the relationship involved, as victims usually hesitate to see a loved one arrested and face punishment.
Victims often cease cooperating with police or prosecutors when that occurs. They might recant their initial statements or substantially alter their story.
Common Domestic Violence Offenses
In California, the most common domestic violence-related charges include Penal Code 243(e)(1) PC for domestic battery, Penal Code 273.5 PC for corporal injury to a spouse, and Penal Code 273.6 PC for violating a restraining order. These charges are often filed based on a victim's police statements regarding the domestic violence.
In other words, the victim's statements serve as evidence for the prosecution. If the victim later changes their story or withdraws their statement entirely, this is known as "recanting," which can happen at any stage of the case. Typically, recanting occurs after the incident, often in an effort to have the charges dropped.
If you have reported someone for domestic violence, your statement(s) will serve as evidence against the accused. If you need to recant or change your statement, here are some key points to consider.
Why Do People Modify a DV Statement?
Victims of domestic violence might withdraw or alter their initial statements for several reasons, including:
- Fear of Retaliation: The victim may be afraid of experiencing more abuse or violence from the perpetrator if they proceed with their statement.
- Family: Concerns regarding children or family life disruption might cause someone to recant.
- Relationship: Close emotional bonds between the abuser and the survivor often play a significant role.
- Financial: If the victim depends financially on the abuser, they might fear the economic repercussions of pursuing legal action.
- Reconciliation: The victim might still harbor feelings for the abuser and hope for their change, which can result in a wish to withdraw the accusation.
- Isolation: The victim might feel isolated or without support in their decision to press charges, risking them recanting.
- Lack of Confidence: If the victim lacks trust in the justice system or fears insufficient protection, they might withdraw their statement.
- Concerns for the Accused: A conviction for domestic violence can lead to severe penalties for the accused. Occasionally, a partner may regret making the report once they understand the potential consequences their partner could face.
- Police Coercion: Sometimes, a partner may sign a police statement due to police manipulation, only to regret it later. However, establishing police coercion is often challenging.
In what situations might retracting a statement be helpful?
Because domestic violence allegations are treated very seriously, retracting such a statement can lead to scrutiny or suspicion. Typically, the explanation that prosecutors or judges are most likely to accept is that the allegations were made in error. For example:
- You felt angry and scared during the altercation and misunderstood your partner's actions as a threat, even though there was no such intention.
- Your injury was accidental, but initially, you thought your partner intentionally hurt you.
- You have a history of being intoxicated, under duress, or otherwise impaired, which affected your recollection of the events.
If your partner is truly innocent of domestic violence and your statements were mistaken—and if you can persuade prosecutors that your statements were errors—retracting your statement could help restore your relationship and protect your partner from serious repercussions.
Will retracting my statement lead to the charges being dropped?
Not necessarily. When domestic violence is reported, it is considered a crime against the state, and the reporting individual is viewed as both a victim and a witness to that crime.
This means the case can continue without your testimony if the prosecution has other strong evidence of abuse, like medical reports or witness statements. If you retract your statement in an attempt to have the charges dropped, be aware that this may not be effective.
In other words, prosecutors may determine that there is sufficient independent evidence to proceed with criminal charges, even if the victim recants. Usually, prosecutors expect victims of domestic violence to withdraw their statements.
Typically, a domestic violence victim initially cooperates and obtains a restraining or protective order. When the abuser contacts the victim—sometimes while in jail or violating a no-contact order—they may ask or even demand that the victim drop the case. Subsequently, the victim will contact the prosecutor to revoke their original statement.
What Are the Risks of Withdrawing a Domestic Violence Statement?
Accusing someone of domestic violence and then withdrawing or changing that claim can pose significant risks for the accuser. Unless you can show prosecutors that your original statement was made in good faith by mistake, they might suspect coercion or dishonesty.
Such assumptions can damage your credibility. The main risks include:
- Continued Abuse: If domestic violence actually occurred, withdrawing your statement might put you at greater risk of abuse if the charges are dismissed.
- Criminal Charges: If your retraction implies to prosecutors that you falsely accused your partner, you might face charges of making false statements to the police or even perjury if you signed an affidavit or provided sworn testimony. If prosecutors think you're only attempting to have the charges dropped, you could also be charged with obstruction of justice.
- Future Allegations: A retracted statement might harm your credibility in future domestic violence cases. Even if your first statement was an honest mistake, you could be viewed as less credible if you later report a legitimate incident.
- Loss of Protection: Retracting your statement could result in losing protective orders or other legal protections established for your safety.
Due to the legal and personal risks associated with altering or withdrawing a domestic violence statement, it is essential to consult an experienced California criminal defense attorney.
They can advise you and help develop a strategy that minimizes legal exposure. Perhaps we can argue there is insufficient evidence to convict.
You may contact our law firm for a case review and a discussion of legal options. Cron, Israels & Stark has offices in Los Angeles, California.
