Q: I have a domestic violence case coming up for trial. The victim wants to file an "affidavit of retraction"
The victim n my case made several false statements against me really painting a horrible picture of who she wants me 2 appear 2b as a person in everyday life. On paper, what she has said looks very bad n the courts eyes. But it not accurate and it's fictitious. The victim has since came to understand of this and wants to with draw all her statements made against me. She doesn't want to take the stand against me in trial. She would ask that no charges be filed against me.
She knows what I'm accused of isnt true. it's not who I am. What is a "avidavit of retraction?"
How do a obtain 1?
What information must be included on this doc?
Is it simple document with a written statement on a plain sheet of paper than signed by the victim?
Is this a pre written document available n the law library already pre typed and only requiring the victim to fill out various questions and provide specifics details relating to the case?
Can you provide me an example of what such document looks like?
A: In every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day. It's unlikely the officials will believe the victim's new story. Since I don't know the facts of your case, I will not risk sending a criminal free and a victim back to her abuser by offering advice. She may consider hiring an attorney or contacting the victims’ impact panel or alike.
Marc David Pelta agrees with this answer
A: I agree with the other two attorneys. Moreover, you should hire counsel you trust to work with you to accomplish these goals.
A:
An affidavit of retraction is a sworn statement where the victim formally withdraws previous allegations or statements made against you. This document can help clarify the court record and may influence the outcome of your case.
To obtain one, the victim must voluntarily agree to retract her statements and complete the affidavit under oath. She can work with an attorney to draft the document to ensure it meets legal standards. The affidavit should include her personal information, a clear statement retracting the previous allegations, reasons for the retraction, and her signature in the presence of a notary public.
Affidavits of retraction are not typically pre-written but can be drafted with the help of legal resources or an attorney. Including specific details related to the case and ensuring the language is clear and truthful is crucial. It’s advisable to consult with a family law attorney in Citrus Heights to guide you through the process and ensure the affidavit is properly submitted to the court.
Marc David Pelta agrees with this answer
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