Modifying a domestic violence statement, even if the original report was inaccurate or made under pressure, is a serious decision. It may allow the person to rekindle the relationship, but it also carries significant legal risks, such as charges for perjury or obstruction of justice.

Recanting a domestic violence statement can lead to a closer scrutiny of the case by prosecutors, especially if coercion is suspected. However, the case can still proceed if there is sufficient additional evidence, and it is ultimately the prosecutor's decision whether to dismiss the charges. 

As a California resident, you are in a state with strict laws against domestic violence (DV). Although the law aims to protect victims like you, it's common for individuals who report domestic violence to consider later withdrawing their statements.

This occurs for various reasons, but it typically doesn't result in dropped charges. In the worst case, it might expose alleged victims to criminal charges themselves. The key difference between domestic violence and other assaults is that it involves individuals within the same family or those in a dating relationship.

Prosecution of these crimes can often be complicated due to the nature of the relationship involved. Victims may hesitate to see a loved one arrested and punished, which can lead them to stop cooperating with police or prosecutors. In some cases, victims may recant or substantially alter their original statements about the incident.

Typical Domestic Violence Offenses

Prosecutors often rely on a victim's police statements about domestic violence to file charges against the alleged abuser. In California, the most frequent domestic violence 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.

In other words, your statement is a crucial piece of evidence for the prosecution. If you choose to alter your story or withdraw your statement entirely, this is referred to as 'recanting,' which can occur at any stage of the case. Typically, recanting occurs after the incident in an effort to have the charges dropped. Understanding the weight of your statement in the legal process can help you make informed decisions.

If you've reported someone for domestic violence, your statement(s) serve as evidence against the accused. If you wish to recant or change your statement, please be aware of the following.

Why Do People Recant or Change Domestic Violence Statements?

Victims of domestic violence might attempt to retract or modify their initial statements for different reasons. Here are some of the most common ones:

• Fear of Retaliation: The victim may be afraid of experiencing more abuse or violence if they proceed with their statement.
• Family: Concerns about the impact on children or the disruption of family life may lead to recantation.
• Close Relationship: Often, strong emotional connections between the abuser and the survivor tend to play a crucial role.
• Financial Dependence: If the victim depends financially on the abuser, they might fear the economic repercussions of pursuing legal action.
• Reconciliation: The victim might still hold feelings for the abuser and hope for their change, which can cause a reluctance to withdraw the accusation.
• Perceived Isolation: The victim might feel isolated or without support when deciding to press charges, potentially causing them to withdraw.
• Lack of Confidence in the Legal System: 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 defendant. Occasionally, a partner may regret reporting the incident once they understand the potential consequences their partner could face.
• Police Coercion: Sometimes, a partner may sign a police statement under police pressure and later regret it. However, demonstrating police coercion is often challenging.

When is Retracting a Statement Advantageous?

Since allegations of domestic violence are regarded with high seriousness, withdrawing a domestic violence claim may lead to suspicion or scrutiny. Typically, the most credible explanation to prosecutors or a judge is that the allegations were made in error. For example:

• You felt angry and scared during the altercation and wrongly saw your partner's actions as a threat, even though there was no such intention.
• Your injury was accidental, but you initially thought your partner intentionally hurt you.
• You were possibly intoxicated, under pressure, or otherwise impaired, leading to a misremembering of the events.

If your partner is truly innocent of domestic violence and your statements were made in error—especially if you can persuade prosecutors that your mistake was unintentional—retracting your statement could help mend your relationship and protect your partner from serious consequences.

Will Retracting My Statement Drop the Charges?

It's important to realize that retracting your statement does not necessarily mean the charges will be dropped. When domestic violence is reported, it becomes a crime against the state, and you are viewed as both a victim and a witness.

This means the case can move forward without your testimony if the prosecution has strong evidence, such as medical reports or witness accounts. If you consider retracting your statement to drop the charges, be aware that success is not guaranteed. 

Prosecutors may determine that there is sufficient independent evidence to move forward with criminal charges, even if the victim does not cooperate. Prosecutors often anticipate that victims of domestic violence will recant their statements.

Typically, a domestic violence victim first cooperates and secures 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 insist that the victim drop the case. Subsequently, the victim might reach out to the prosecutor to revoke their initial statement.

What Are the Risks of Taking Back a Domestic Violence Statement?

Making an allegation of domestic violence and then retracting it carries serious risks for the accuser. Unless you can persuade prosecutors that your initial statement was an honest mistake, they may interpret any change as either coercion or a lie. Neither situation reflects well on the accuser. The potential risks include:

• Continued Abuse: If the domestic violence actually occurred, withdrawing your statement might leave you vulnerable to further 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 testified under oath. If prosecutors think you're only attempting to have the charges dismissed, you could be charged with obstruction of justice.
• Impact on Future Allegations: A retracted statement might harm your credibility in future domestic violence cases. Even if your first statement was a sincere mistake, you may be considered less credible if you report a genuine incident later.
• Loss of Legal Protection: Reconsider retracting your statement, as doing so might result in losing protective orders or other legal protections designed to keep you safe.

Due to the legal and personal risks associated with modifying or withdrawing a domestic violence statement, it is crucial to consult an experienced California criminal defense attorney. They can provide guidance and help develop a strategy that minimizes your legal exposure.

Contact our law firm to review your case and explore legal options. The Hedding Law Firm has offices in Los Angeles, California.