Witness Recantations in California Domestic Violence Cases: How They Affect Your Case

Glasses next to a folder and paper that say domestic violence next to a gavel

California prosecutes domestic violence-related crimes aggressively. Acts of violence or verbal threats against a current or former spouse, intimate partner, co-parent, or roommate can lead to domestic violence charges, which may carry serious and lasting consequences like jail time, costly fines, and other limitations to your freedom and future. That’s why anyone facing domestic violence charges in Palmdale, Lancaster, or Los Angeles County needs exceptional and effective legal defense services right away to defend their rights and protect their future. With over 35 years of experience, certified criminal law specialist David M. Wallin and his team of four excellent attorneys (including TWO FORMER DEPUTY DISTRICT ATTORNEYS) is ready to defend your rights and protect your future at every opportunity. PAYMENT PLANS ARE OFFERED, so schedule your FREE CONSULTATION with the Law Offices of David M. Wallin today!

Since many incidents of domestic violence occur within the privacy of the home, these cases often come down to the alleged victim’s word against that of the defendant. In other words, prosecutors rely on the testimony of the alleged victim to build a strong case against the defendant. While most victim statements are recounted in good faith, there are cases where an alleged victim may exaggerate or even fabricate their testimony against the accused. When an alleged victim “takes back” their story or admits that their account was not accurate or truthful, this is known as recantation. Witness recantation in domestic violence cases can affect your case in any number of ways, from significantly weakening the prosecution’s case to having the case dismissed altogether. However, it’s worth noting that just because a witness or victim recants their statement does not guarantee that the charges will be dropped. Let’s take a closer look at how prosecutors handle recanted statements in Palmdale and Lancaster domestic violence cases and why enlisting the services of a skilled and experienced California domestic violence lawyer is the best way to keep your future as bright as possible. 

Why Witnesses Recant in California Domestic Violence Cases

There are many reasons for witnesses and even alleged victims in domestic violence cases to recant their testimonies. In some cases, the individual realizes that their account does not align with the other facts of the case, so they revise their statements to law enforcement. Or, the victim or witness has a change of heart and feels that recanting their testimony is their best option. However, prosecutors and law enforcement officers are very concerned that victims or witnesses in domestic violence cases may feel threatened or under considerable pressure by the defendant to recant their statements. That’s why it’s essential to recognize that simply recanting a statement does not automatically mean that the domestic violence charges are dropped. Prosecutors rely on many different types of evidence when building their cases, and the proceedings may still move forward after the recantation has occurred. Schedule your FREE CONSULTATION with a highly qualified California domestic violence lawyer by calling the Law Offices of David M. Wallin right away.

Understanding the Prosecutor’s Role After a Recantation

As explored above, it’s up to the state—not the alleged victim—to control whether the domestic violence charges are pursued. Prosecutors will rely on other types of evidence to build their case, such as 911 calls, physical evidence, and previous statements from witnesses or the victim. Even if the victim contacts law enforcement and says they no longer wish to press charges, it’s up to the state to determine whether the case moves forward. Many people facing domestic violence charges in Palmdale and Lancaster ask themselves the question, “Can charges be dropped if the victim recants?” While it’s possible that the prosecution may determine that the other evidence is insufficient to lead to a conviction, the recanting of a statement does not necessarily mean that the charges will be dropped. Learn more about your legal rights and options by scheduling your FREE CONSULTATION with the Law Offices of David M. Wallin. Our team of four HIGHLY EXPERIENCED attorneys (including TWO FORMER DEPUTY DISTRICT ATTORNEYS) are ready to provide you with the exceptional legal defense services you need and deserve. 

Criminal Defense Strategies For Domestic Violence Charges in Palmdale and Lancaster

If a victim or witness is recanting testimony in a domestic violence case, it’s essential that you work with your experienced criminal defense lawyer to determine the most appropriate and strategic path forward. Depending on the specifics of the case, you may find that it’s worth cross-examining the credibility of the witness to show that they have a history of making false or inconsistent statements to law enforcement. Or, your domestic violence defense lawyer may seek reduced charges or to have the case dismissed altogether. If the alleged victim walks back their statement, whether when giving testimony or when communicating with you, it’s important to document the recantation and work with your attorney to build a broader defensive strategy beyond the witness. No matter what the specifics of your domestic violence case may be, you need trustworthy and reliable criminal defense attorney services that will sufficiently protect your legal rights and maximize your chances of securing a fair outcome. Call Law Offices of David M. Wallin right away to speak with one of our four exceptional attorneys (two of which are FORMER DEPUTY DISTRICT ATTORNEYS) and start preparing a successful defense strategy. We OFFER PAYMENT PLANS and FREE CONSULTATIONS, so CALL US TODAY!


Domestic violence convictions carry serious and lasting penalties that can upend your life. If you are facing domestic violence charges in Palmdale, Lancaster, or the greater area of Los Angeles County, you need exceptional and reliable criminal defense attorney services right away. With over 35 years of experience, certified criminal law specialist David M. Wallin and his team of four excellent attorneys (including TWO FORMER DEPUTY DISTRICT ATTORNEYS) is ready to defend your rights and protect your future at every opportunity. PAYMENT PLANS ARE OFFERED, so schedule your FREE CONSULTATION today by calling the Law Offices of David M. Wallin at (661) 267-1313 to get started!