Can I Withdraw My Assertion In A Home Violence Case

May 30, 2023by Naomi Cramer

Can I withdraw my assertion in a home violence case?

Sure, Apprehended Home Violence Order (ADVO) victims might withdraw their statements. Nevertheless, the choice to proceed or halt a case finally rests with the police.

Can I withdraw my assertion in a home violence case, and what occurs after I do?

The authorities will take the next actions when a sufferer retracts ADVO statements: 

Assess the state of affairs:  Police or courts will study the circumstances surrounding the sufferer’s request. They purpose to find out whether or not concern, harassment, or different elements influenced the sufferer’s determination to withdraw the assertion. 

Contemplate the proof:  Within the absence of a sufferer’s assertion, the authorities will study the remaining proof to find out if there may be nonetheless a powerful case. If sufficient proof exists, the prosecutor might elect to pursue the case.

Help and safety:  The police might present additional assist and safety measures if a sufferer withdraws a press release out of concern or intimidation. 

Session with the sufferer:  If the sufferer has considerations, the police or court docket might seek the advice of them. The authorities will think about the sufferer’s needs, however deciding to proceed or abandon the case rests with them.

Can I withdraw my assertion in a home violence case, and what occurs after?

The police or court docket determine learn how to proceed when a sufferer withdraws their assertion in an ADVO case.

The result is determined by the rationale for withdrawal, the remaining proof, and the chance to the sufferer. After a sufferer withdraws their Safety Order assertion, the next might happen:

Case dismissal

With out the sufferer’s assertion, the prosecution might determine to withdraw the fees, and will not pursue the Safety Order. This means that the alleged defendant wouldn’t be topic to the order’s restrictions or situations.

Continuing with the case

In lots of cases, the police pursue the Safety Order case with out the sufferer’s assertion. Proof from witnesses, bodily proof, or documentation might assist the allegations. 

Reassessing the sufferer’s security

If a sufferer withdraws a press release because of concern or intimidation, authorities should still try to objective the matter.

This ensures the sufferer’s security by offering assist, creating a security plan, or connecting the sufferer with assets.

Re-evaluating the case

The authorities might accumulate new proof or witness testimony as a part of their investigation. This may increasingly entail interviewing extra witnesses or gathering additional documentation.

Negotiating an settlement

In some cases, events might be able to attain an settlement or decision with no formal Safety Order. This may increasingly contain negotiating situations. This contains no-contact orders or consenting to mediation or counselling.

Why Would A Sufferer Withdraw Their Assertion in an Safety Order?

A sufferer in an Safety Order (Apprehended Violence Order) case might recant a press release for numerous causes.

In some conditions, for instance if the offender intimidated the sufferer, their household or family members, they could be involved that the offender will need revenge or to hurt them additional if they don’t withdraw their assertion.

Members of the family might press victims to not pursue an Safety Order out of concern that it’ll have an effect on their very own lives or have adverse implications. 

Moreover, the sufferer might really feel ashamed or responsible for contributing to the violence or battle.  

Lastly, it’s doable that the sufferer doesn’t totally comprehend the authorized course of or the gravity of their assertion, and because of this they could retract it. 

Can I Be Charged If I Withdraw My Safety Order Assertion?

You’ll not be charged in case you withdraw your Safety Order assertion.

Nevertheless, chances are you’ll be charged in case your make a false accusation in your Safety Order assertion.   You can even be accused of perverting the course of justice. This occurs once you confess to offering false info or mendacity in your unique assertion.

Making a fraudulent Safety Order declare is technically not a crime (since AVOs are orders and never fees). Nevertheless, false accusations are punishable below part 314 of the NSW Crimes Act 1900. 

Can the Police Proceed to File For Safety Order Even If I Withdraw My Assertion?

Police in New South Wales should act within the public curiosity and cost people suspected of committing crimes. Police cost home violence offenders when sufficient proof exists.

It is not uncommon for police to file fees each time an alleged sufferer supplies them with the next:

“Proof in Chief” implies that victims/witnesses can inform their tales in their very own phrases. It’s typically based mostly on the sufferer’s allegation alone and doesn’t require proof (such because the sufferer’s admission, pictures, eyewitnesses, and many others.). That being mentioned, the absence of these items can nonetheless make the police pursue an ADVO.


Query: Can I withdraw my assertion in a home violence case?

Reply: Whereas it is likely to be doable to withdraw a press release, doing so might have numerous penalties. This contains:

  • potential fees if false info is offered, or 
  • if the motion is seen as perverting the course of justice.

 An Apprehended Violence Order or different authorized measures should still be pursued even when a sufferer withdraws their assertion. 

Want To Withdraw Your Safety Order Assertion?

At Justice Household Legal professionals, we perceive the complexity of AVOs and ADVOs, and we’re dedicated to offering our clients with the best high quality authorized recommendation and illustration. 

Our Safety Order lawyers and practitioners are extremely skilled and educated, and we’re dedicated to serving to our clients obtain the absolute best consequence.

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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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