Recanting Victims in Domestic Violence Cases

California's domestic violence laws apply to any intimate partners. Intimate partners are people who are married, divorced, living together, have children in common, and who are or used to be dating. The partners may be heterosexual or homosexual. It is the very nature of these types of intimate relationships that cause such highly charged, emotional disputes that are often blown out of proportion. An experienced lawyer is the key to making sure that the judge and jury not only hear that that was the case, but believe it as well.

In California, once the police are called to investigate an intimate partner abuse situation, it is more than likely that someone will go to jail and be charged with a crime. Without much exception, it is usually the person who called the police that will be labeled the "victim" and the partner who will be labeled the "abuser", "perpetrator", or "batterer". It is the "victim" who gets the ball rolling on the criminal charge, but it is the police, prosecuting agency and judge who take it from there. This means that even if the "victim" wants to later tell the police, prosecutor or judge that he or she was mistaken or lying about the events or that he or she just simply doesn't desire to press charges, it will not matter, as the case will be filed and prosecuted regardless. If the "victim" does make the decision that he or she doesn't want to move forward with the case, it is imperative to contact a skilled criminal defense lawyer from The Kavinoky Law Firm to avoid the surprisingly devastating effect this can have on the defendant.

If the "victim" chooses of his or her own free will (meaning that the defendant hasn't threatened or intimidated the partner, which is another crime in and of itself) that calling the police was a mistake for any reason, it is best for both partners to speak with an attorney who will help decide the best course of action. Many times the victim thinks that "recanting" (which means to take back or deny) the original story or not cooperating with the police or prosecution will help the defendant. Unfortunately, that is incorrect. In fact, the prosecution usually expects that a victim will recant and knows exactly how to proceed under this type of situation. A genuine recanting victim can be extremely harmful to the defendant if not first guided by an attorney.

A partner in a domestic abuse case can't choose to remain silent if called to testify. The "right to remain silent" doesn't apply in this situation, as it only applies to self-incrimination. Additionally, if the partner either doesn't show up to court or simply refuses to actually speak when questioned, that leaves the individual open to being personally charged with other crimes. The absence of the victim's testimony allows the prosecutor to introduce a recording of the actual call to the police as well as any statements made to the police during the initial investigation. Since these statements were made in the heat of the moment and possibly out of revenge or stemming from some other motive, these statements can be devastating to the defense. In addition, when the partner recants, the prosecutor will likely bring in an expert witness to testify that he or she is recanting because he or she has either been threatened by the "abuser" into doing so or that he or she is afraid of what further abuse might take place if he or she doesn't recant. The expert will further explain that recanting is part of the "cycle of abuse."

A highly qualified defense attorney from The Kavinoky Law Firm can help both parties navigate through the system with knowledge, compassion and discretion. The attorney will help develop the most effective defense strategy to put an end to a terrible situation that may simply have spiraled out of control. Click here for a free consultation.