How to Successfully Recant a Domestic Violence Statement
April 15, 2025 | Nafiz M. Ahmed
After the intensity of a domestic dispute passes, recanting a domestic violence statement or clarifying the event to authorities may seem necessary. However, law enforcement takes false statements seriously.
Only a prosecutor can drop the charges against your partner. Working with an experienced San Jose criminal defense attorney may help recant a domestic violence statement successfully.
What Recanting a Domestic Violence Statement Means
Recanting a domestic violence statement means you are withdrawing the accusations against a domestic partner. Recanting does not drop the charges and prevent a case from going to court.
A prosecutor for the case will examine other evidence that may support a domestic violence charge to determine if enough evidence exists to proceed with a case or whether false domestic violence allegations exist.
Legal Consequences of Recanting a Domestic Violence Statement
It is possible to face false reporting charges in California if you recant statements against a domestic partner because they were untrue when you made them. The court may also view recanting as an attempt to mislead the jury. Perjury charges against you may also occur.
Recanting a domestic violence statement can also occur due to police coercion. Police protection of a domestic violence offender is a serious offense. Proving police misconduct is challenging but possible with effective legal advocacy.
Take These Steps to Recant a Domestic Violence Statement
Recanting a statement to police should never be a hasty decision. To successfully move forward with withdrawing a domestic violence statement, consider these beneficial actions:
- Contact a criminal defense lawyer: A member of our team will discuss any legal implications and fight misdemeanor charges against you.
- Clarify the intent of recanting a statement: Discuss whether recanting is voluntary and why you chose to recant a domestic violence statement.
- Document your statement: Meet with an experienced attorney to write a new statement and effectively withdraw your previous claim.
- Present your statement to the district attorney: With the assistance of your legal advocate, you will submit your clarified or withdrawn statement position to the prosecutor.
The attorney representing your domestic partner may use your recantation to defend their client, weaken your case, or prove the allegations are false. The outcome of recanting a domestic violence accusation on your victim’s statement can be impactful to you.
Alternatives to Recanting a Domestic Violence Statement in San Jose
You may choose to clarify a statement of domestic violence instead of making a full recantation. This option may be suitable when your original statement contains mistakes, or you feel you have misspoken about an incident.
Consider potentially modifying a California protective order or domestic violence restraining order if your intent is to end or change its restrictions. Modifying the order without recanting your statement may be possible.
Making any clarifying statements or trying to modify a protective order may require the guidance of a criminal defense attorney to strive to avoid potential legal repercussions.
Refusing to Testify in Court
A case may still proceed in court if you recant a domestic violence statement or refuse to testify. Evidence other than your statement may exist to support the charges.
Refusing to testify in a domestic violence case in California can lead to penalties against you. Questioning your credibility can also occur. Ultimately, the court will review the evidence and your willingness to work with the court before determining whether or not to file charges against you.
Discuss Your Domestic Violence Statement With Trusted Representation
When the dust settles, you may feel that recanting or clarifying a domestic violence statement is the right choice. However, there are potentially damaging legal outcomes and other challenges you may face. Retaining the right representation can help you successfully recant a domestic violence statement.
Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500