Recanting statement of domestic violence

UPDATED: Sep 30, 2022

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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


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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