California residents live in a state that takes a strong stance against domestic violence (DV). While the law protects victims like yourself, it's not unusual for those who have reported domestic violence to consider retracting their statements later.

In many cases, victims of domestic violence will change their story in an attempt to drop the criminal charges.

While it's not uncommon for those who have reported domestic violence to consider retracting their statements, it's crucial to understand that this doesn't automatically lead to dropped charges. In fact, in the worst-case scenario, it could result in the alleged victims facing criminal charges themselves, a serious and potentially life-altering consequence.

This is a stark reminder of the gravity of the decision to recant a statement. We understand the emotional struggle you may be facing in this situation.

The primary difference between domestic violence and other types of assault is that it involves people within the same family or people dating.  Prosecution of domestic violence crimes can be particularly complex due to the unique nature of the relationship involved.

This complexity often makes it challenging for victims to see a loved one face arrest and punishment, adding a layer of emotional complexity to these cases. It's essential to recognize that these emotional struggles are a natural part of the process. Understanding this complexity is crucial for navigating the legal process, which involves the police investigating the incident, the prosecutor deciding whether to press charges, and the court hearing the case.

Uncooperative Victims

Victims frequently stop cooperating with police officers at the scene or prosecutors. Sometimes, they will recant their statements about the incident or significantly change their story. Prosecutors will use a victim's statements to the police about domestic violence to charge the alleged abuser with a crime. In California, the most common DV-related charges are:

• Penal Code 243(e)(1) PC domestic battery, 
• Penal Code 273.5 PC corporal injury to a spouse, and 
• Penal Code 273.6 PC violation of a restraining order.

In other words, the victim's statements are evidence for the prosecution. If they decide to change their story or take back their statement altogether, it's called "recanting," which can occur at any point in the case. Mainly, recanting occurs after the incident in an attempt to get the charges dropped.

If you find yourself in a situation where you need to recant or alter your statement, it's crucial to seek legal advice. Your attorney can provide the support and guidance you need to navigate the legal process, understand your rights, and the options available to you. Knowing that you have professional support can provide you with a sense of security and confidence, empowering you to make informed decisions.

Why Recant a DV Statement?

Domestic violence victims may try to withdraw or change their initial statements for various reasons, such as the following: 

• Fear of Retaliation: The victim might fear further abuse or violent acts from the perpetrator if they continue with their statement.
• Family Considerations: Concerns about the impact on children or the disruption of family life may lead to recantation.
• Close Relationship: Often, close emotional bonds between the abuser and the victim survivor usually play a significant role.
• Financial Dependence: If the victim is financially reliant on the abuser, they may fear the economic consequences of legal action.
• Hope for Reconciliation: The victim may still love the abuser and hope they can change, leading to a desire to retract the accusation.
• Perceived Isolation: The victim may feel alone or unsupported in their decision to press charges, which could lead them to recant.
• The Legal System: If the victim distrusts the justice system or fears it may not adequately protect them, they may withdraw their statement.
• Concerns for the Accused: A domestic violence conviction can result in serious penalties for the accused. Sometimes, a partner regrets filing the report afterward when they realize what their partner might be facing.
• Police Coercion: Sometimes, a partner might sign a police statement because police manipulated them into doing so, and they regret it afterward. However, proving police coercion is difficult.

When is Retracting Beneficial?

Because allegations of domestic violence are taken so seriously, retracting a domestic violence statement can hold you up to scrutiny or suspicion. Generally speaking, the explanation most likely to be accepted by prosecutors or a judge is that you made the allegations by mistake. For example:

• You were angry and scared at the altercation and misinterpreted your partner's actions as a threat when there was no such intention.
• Your injury was an accident, but at the time, you believed your partner hurt you on purpose.
• You were intoxicated, under duress, or otherwise impaired and misremembered the events.

If your partner is indeed innocent of domestic violence and your statements were made erroneously, if you can convince prosecutors that your statement was, in fact, a mistake-retracting your statement may restore your relationship and save your partner from challenging consequences.

Understanding these potential benefits can empower you to make informed decisions and take control of your situation, helping you understand the potential outcomes and make the best decision for your circumstances.

Will Charges be Dropped? 

Simply put, retracing a statement will not necessarily result in dropped charges. Once domestic violence is reported, it's treated as a crime against the state, and you're seen as a victim and a witness to that crime. The legal system is designed to protect you, and your role as a witness is crucial in ensuring justice is served.

That means the case can proceed without your testimony if the prosecution has other substantial evidence of abuse, such as medical reports or witness testimonies. If your purpose in retracting a statement is to get the charges dropped, you should be aware that you may not be successful. This understanding of the legal process can help you prepare for the potential outcomes.

In other words, prosecutors might decide there is enough independent evidence to proceed with criminal charges, even without the recanting victim's cooperation. Prosecutors typically expect domestic violence victims to recant their statements.

In a typical case, a domestic violence victim initially cooperates and obtains a restraining order. Once the abuser contacts the victim, sometimes while in jail or violating a no-contact order, they ask, or even demand, that the victim drop the domestic violence case. Next, the victim will contact the prosecutor and recant their original statement.

Risks of Recanting a Statement

Recanting or changing a domestic violence statement can have significant consequences for the accuser. It's essential to carefully consider these risks before making any decisions, as they can have a lasting impact on your case and your safety. Being aware of these risks can help you make informed decisions and protect yourself.

Making an allegation of domestic violence only to retract or change it comes with significant risks to the accuser. Unless you can convince prosecutors that your statement was a legitimate mistake, they are likely to believe that you're changing your statement either because a) you feel coerced into doing so or b) you lied. Neither scenario looks good on an accuser. The specific risks you could face are the following:

• Continued Abuse: If domestic violence truly happened, retracting your statement could expose you to further abuse if the charges are dropped. This potential risk underscores the importance of carefully considering your decision and prioritizing your safety.
• Criminal Charges: If your retraction suggests to prosecutors that you falsely accused your partner, you could face charges of making false statements to the police, or even perjury if you signed an affidavit or gave testimony under oath. If prosecutors believe you're just trying to get the charges dropped, you could be charged with obstruction of justice.
• Impact on Future Allegations: A retracted statement could undermine your credibility in future domestic violence allegations. Even if your initial statement was a genuine mistake, you could be taken less seriously if you report a legitimate incident later.
• Loss of Legal Protection: By retracting your statement, you could lose protective orders or other legal safeguards that were put in place to ensure your safety.

Because of the legal and personal risks involved with changing or retracting a domestic violence statement, always consult an experienced California criminal defense attorney who can offer guidance and help you create a strategy that is least likely to expose you legally. For more information, contact our criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, CA.

Related Content:

• Domestic Violence Overview
• Domestic Violence Resources
• DV Restraining Orders in CA
• CA Bills to Support DV Victims
• Reports of DV Have Dropped