For a multitude of reasons, domestic assault charges and prosecutions can be extremely messy and complicated. This is largely because, unlike other types of assault, domestic assault often takes place between people in a family unit. The close nature of these relationships can make the legal process especially painful – impacting everyday things like where you’re allowed to go and whether you’re allowed to see your kids.
In many cases, the alleged victim of domestic assault will end up recanting their original complaint. If a purported victim comes forward with domestic assault accusations but later changes their story or takes back the statement, this is known as recanting.
If the victim recants, is the case over?
No. Domestic assault is a criminal charge, not a civil charge. It is still possible for the court to move forward with a case against a purported abuser, even without the cooperation of the supposed victim. This depends on whether or not the prosecutor feels confident in the case, even without the statements of the victim.
Other forms of evidence that prosecutors may use in the place of a victim’s statement include:
- Medical records
- Eyewitness accounts
- Statements or threats in messaging apps or social media
- Police reports
- Audio recordings
If you or a loved one has been arrested for Domestic Violence, be proactive and get a former Domestic Violence Prosecutor on your side. Contact Premier Domestic Violence Law Group at (619) 736-3375.
Will a prosecution with a recanting victim be successful?
Again, it depends on the specifics of the case. However, it is important to know that many prosecutors go into a domestic violence trial assuming that the victim will eventually recant. Recanting victims are very common, so the validity of the resulting trial depends on the strength of other existing evidence.
If you are facing domestic violence charges and the alleged victim has recanted their complaint against you, do not assume that you are in the clear. It’s important to get in touch with a defense attorney experienced in domestic violence as soon as possible. Having a legal advocate on your side can make a critical difference in your future. If you or a loved one has been arrested for Domestic Violence, be proactive and get a former Domestic Violence Prosecutor on your side. Contact Premier Domestic Violence Law Group at (619) 736-3375.