Citrus Heights, CA asked in Domestic Violence and Family Law for California

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?

Related Topics:
3 Lawyer Answers

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

Marc David Pelta
PREMIUM
Answered

A: I agree with the other two attorneys. Moreover, you should hire counsel you trust to work with you to accomplish these goals.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.