Legal Question in Family Law in California
recant statment
I wrote a letter for a neighbor who claimed her husband was abusing her physically and mentally. She would come over crying and going on about the beating she received. I never saw any physical signs of abuse. She had me convinced that hes was beating her and she needed a letter stating his fitness as a parent, the abuse she had suffered and all that. She pressured me into writing a letter, in which I tried to remain neutral. I cant remember exactly what I wrote but the DA is charging the husband (exact charges??). I have had the chance to get to know him better and see them act as a couple, and I dont want the letter to affect his defense negativly. Can I write a letter to recant my first letter? How do I do that when I dont remember exactly what I said? The reason I have changed my mind is after spending some time with them together as a couple, she is as quily and he is regarding domestic violence. (personally, I want to hit her too)I feel that I wrote the letter in error, how can O eat my words gracefully? I want to say at the ime I ''did think'' he was responsible for the violence but in hindsight I fel they are equally at fault. Can you help?
1 Answer from Attorneys
Re: recant statment
Letter to whom? Your statements are probably inadmissible hearsay anyway if all you did was restate what she told you. If you went farther and stated things as facts from personal knowledge that you did not really know from personal experience, whether it's a problem might depend on who the letter was to. But, your letter was not given under oath (I assume), so the important thing is if the DA ever does contact you or try to call you as a witness, that you be completely truthful at that time. All that will matter is what you actually observed about them. But, I would need to know more about the letter and it's contents to say more.
Wayne Wisong
Member, California Bar #91250
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