Can I Withdraw My Statement In A Domestic Violence Case

Yes, Apprehended Domestic Violence Order (ADVO) victims may withdraw their statements. However, the decision to continue or halt a case ultimately rests with the police.

The victim will not be charged if they withdraw an AVO statement.

However, they may be charged if the victim makes a false accusation in AVO statement. They can also be accused of perverting the course of justice. This happens when they confess to providing false information or lying in original statement.

Making a fraudulent AVO claim is technically not a crime (since AVOs are orders and not charges). However, false accusations are punishable under section 314 of the NSW Crimes Act 1900. 

Authorities’ Response Withdrawing a Statement in a Domestic Violence Case

The authorities will take the following actions when a victim retracts ADVO statements: 

1. Assess the situation:  Police or courts will examine the circumstances surrounding the victim’s request. They aim to determine whether fear, harassment, or other factors influenced the victim’s decision to withdraw the statement. 
2. Consider the evidence:  In the absence of a victim’s statement, the authorities will examine the remaining evidence to determine if there is still a strong case. If enough evidence exists, the prosecutor may elect to pursue the case.
3. Support and protection:  The police may provide extra support and protection measures if a victim withdraws a statement out of fear or intimidation. 
4. Consultation with the victim:  If the victim has concerns, the police or court may consult them. The authorities will consider the victim’s wishes, but deciding to proceed or abandon the case rests with them.

Also read: Victim Mentality Signs and its Link to Domestic Violence

Consequence of Withdrawing a Statement in a Domestic Violence Case

The police or court decide how to proceed when a victim withdraws their statement in an ADVO case.

The outcome depends on the reason for withdrawal, the remaining evidence, and the risk to the victim. After a victim withdraws their AVO statement, the following could occur:

Case dismissal

Without the victim’s statement, the prosecution may decide to withdraw the charges, and may not pursue the AVO. This indicates that the alleged defendant would not be subject to the order’s restrictions or conditions.

Proceeding with the case

In many instances, the police pursue the AVO case without the victim’s statement. Evidence from witnesses, physical evidence, or documentation could support the allegations. 

Reassessing the victim’s safety

If a victim withdraws a statement due to fear or intimidation, authorities may still attempt to purpose the matter.

This ensures the victim’s safety by providing support, developing a safety plan, or connecting the victim with resources.

Re-evaluating the case

The authorities may collect new evidence or witness testimony as part of their investigation. A victim may recant a statement for various reasons. This may entail interviewing additional witnesses or gathering further documentation.

Negotiating an agreement

In some instances, parties may be able to reach an agreement or resolution without a formal AVO. This may involve negotiating conditions. This includes no-contact orders or consenting to mediation or counselling.

Also read: What Comes Under a Domestic Violence Case in Australia

How to Successfully Recant a Domestic Violence Statement

Recanting a domestic violence statement involves a delicate process that must be approached with caution and legal guidance.

Firstly, the individual should contact their legal representative to discuss the reasons for recanting and to understand the potential consequences.

It is important to provide a consistent and truthful explanation, as inconsistent statements may undermine credibility.

The legal representative will then communicate with the prosecution and the court to formally request the withdrawal of the statement.

This may involve submitting a written affidavit explaining the reasons for recantation.

Secondly, the court will assess the request to recant the statement. The prosecution may still choose to proceed with the case if there is sufficient evidence, even without the victim’s statement.

The court may also investigate whether the recantation is being made under duress or threat.

It is important to note that falsely recanting a statement or admitting to having provided false information initially can lead to legal repercussions, such as charges of perjury or obstruction of justice.

Therefore, recanting a domestic violence statement should be done with thorough legal consultation and a clear understanding of the potential outcomes.

Conclusion

Question: Can I withdraw my statement in a domestic violence case?

Answer: While it might be possible to withdraw a statement, doing so could have various consequences. This includes:

• potential charges if false information is provided, or 
• if the action is seen as perverting the course of justice.

 An Apprehended Violence Order or other legal measures may still be pursued even if a victim withdraws their statement. 

Need To Withdraw Your AVO Statement?

At Justice Family Lawyers, we understand the complexity of AVOs and ADVOs, and we are committed to providing our clients with the highest quality legal advice and representation. 

Our AVO lawyers and practitioners are highly experienced and knowledgeable, and we are committed to helping our clients receive the best possible outcome.