Can a Domestic Violence Case Continue if the Victim Recants?

A California domestic violence case can continue after the complaining witness recants. Under Penal Code 684 a criminal action is prosecuted in the name of the People of the State of California, so the person who called police is a witness rather than the party in control of the case.

The Law Offices of William W. Bruzzo has defended these cases in Orange County for more than 30 years.

Why Can’t a Domestic Violence Victim Drop the Charges?

A domestic violence victim cannot drop the charges because the charges were never theirs. A California domestic violence charge is filed by the district attorney on behalf of the state.

Telling the prosecutor they no longer support the case is information the office can weigh, and prosecutors do sometimes reduce or dismiss. But the decision belongs to the district attorney, and in Orange County these cases are frequently pursued whether or not the complaining witness cooperates.

What Evidence Do Prosecutors Use in a Domestic Violence Case?

Prosecutors build a domestic violence case on evidence gathered in the first hour, before anyone has changed their mind. That evidence typically includes:

• The 911 recording
• Body worn camera footage from responding officers
• Photographs of injuries or the scene
• Statements made to officers at the time
• Medical records
• Prior reported incidents

None of that disappears when someone recants. The later account becomes one more piece of evidence, and the prosecutor will compare it against the first. How that comparison plays out shapes the defenses available in a domestic violence case.

Can a Domestic Violence Victim Be Forced to Testify in California?

A domestic violence victim cannot be jailed for refusing to testify in California, but the protection is narrower than most people assume.

Under Code of Civil Procedure 1219(b), a court cannot imprison, confine, or place in custody the victim of a domestic violence or sexual assault crime for contempt when the contempt consists of refusing to testify about that crime. The court may first refer them to a domestic violence counselor.

That protection covers refusing to testify. It does not cover ignoring a subpoena. Someone properly served who fails to appear at all is in a different position.

Can You Be Charged for Contacting the Complaining Witness?

You can be charged for contacting the complaining witness, and it is the most damaging thing a defendant can do at this stage.

Asking them to change their account, stay away from court, or speak to the prosecutor on your behalf can be charged as dissuading a witness under Penal Code 136.1. If a protective order is already in place, the contact itself may violate it. Both problems are worse than the case you already have.

Talk to an Orange County Criminal Defense Lawyer Before You Reach Out

If the person who called police has changed their account, that information reaches the prosecutor through your attorney, not through you. Call the Law Offices of William W. Bruzzo at (714) 547-4636 or contact us online for a free consultation with an Orange County criminal defense lawyer.