Recanting statement of domestic violence
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Recanting statement of domestic violence
I would like to recant my statement against my
fiance for domestic violence. How do I do this
go to police or DA? And what are the
repercussions for me and my fiances case
once this is done.
Asked on July 26, 2017 under Criminal Law, Wisconsin
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
This is very common in domestic violence cases; victims of such violence frequently recant their statements. However, if there is other evidence of the crime to support a conviction, then the state will move forward with the case. It is up to the prosecutor, not the victim, to drop the charges. Most states now have mandatory arrest policies. So, if there is a call placed and a domestic violence allegation is made, the police typically have to make an arrest. And, as previously stated, very often the prosecutor will file charges regardless of what the victim wants to do. Further, many times when the witness takes the stand and attempts to dispute that any violence actualy occurred, the prosecutor can intrioduce conflicting evidence, namely the victim's own previous statements.
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