Fisher Law Office

Why can't my partner recant accusations of abuse?

When tensions are high between you and your partner or another member of your household, escalating tempers may be a common theme. Perhaps you or your partner has always had an explosive temper, or the situation may be especially volatile if your relationship is struggling to survive.

For whatever reason, police arrived at your home in response to a domestic violence call. Whether a concerned neighbor heard the shouting or your partner made the call, once police arrived, the situation took a fateful turn. It may have taken very little for officers to determine your partner was the victim of violence, and you ended up in handcuffs. You may be thinking that your partner can quickly explain the situation and drop the charges, but that is not how domestic violence cases work.

What can I expect?

If you are facing charges of domestic violence, it is not your partner who pressed those charges; it is the state of California. Domestic violence is a crime, and your spouse cannot control whether the prosecutor will pursue charges. This means that once your partner tells police that you caused physical or emotional injury or that your actions caused your partner to fear for his or her safety, police have no choice but to arrest you and let the process run its course. This may mean the following:

  • The prosecutor will decide if your case will go to trial.
  • The state may compel your partner to testify against you or face penalties, such as a fine or criminal charge.
  • The court may ask your partner's opinion about whether you should remain in jail or be released.
  • Your partner will also have the right to bring a civil suit against you to seek damages.
  • Your partner may take out a restraining order against you, forbidding you from returning to your home or communicating with him or her, even to apologize.

After your partner has made a statement to police accusing you of domestic violence, he or she may decide to recant. However, by recanting, your partner may face charges of his or her own, since recanting means admitting that your partner made a false report to police. Since recanting may not have an effect on whether authorities continue with your prosecution, it may not benefit your partner to take back any allegations of abuse.

Facing charges of domestic violence means facing an uncertain future. As soon as you realize you are under arrest for abuse, you would be wise to have aggressive and experienced legal representation for the complex and potentially life-changing process ahead.

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Fisher Law Office

1322 Morro Street
San Luis Obispo, CA 93401-4028

Phone: 805-706-0205
Fax: 805-542-0464
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