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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19379
Experience:  34 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Can I withdraw my victim statement I made at the police st

Customer Question

Can I withdraw my victim statement I made at the police station. This is a domestic violence case. i did not receive a copy of the victim statement. i am not sure if I signed the statement either. I went to the police station asking for my rights to withdraw the case. (i realised i did not file the case, the police have filed the case and I am the main evidence as I am the victim in their eyes) the police officer did not give me any direct answer.
Submitted: 3 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 3 years ago.

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

You can be summoned to court to give evidence but in domestic violence cases the Police have policy that they will proceed, if necessary without your help or cooperation. Sometimes this means their case cannot be proved but if there is independent evidence of the assault they may succeed in getting a prosecution proved. So you cannot withdraw the statement but you can say it didnt happen like that, which may mean the case is more difficult to prove.

Customer:

Hello Lawyer, Thanks for your reply. Yes I have been asked to appear in the court on a particular day. I will appear at the court on that day. But why cannot I go to the police station and say "I want to withdraw the victim statement?" If I cannot withdraw the initial victim statement, Can I give another victim statement??. Please let me know.

Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19379
Experience: 34 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Chris The Lawyer and 2 other New Zealand Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello Lawyer, Thanks for your reply. Yes I have been asked to appear in the court on a particular day. I will appear at the court on that day. But why cannot I go to the police station and say "I want to withdraw the victim statement?" If I cannot withdraw the initial victim statement, Can I give another victim statement??. Please let me know.

Expert:  Chris The Lawyer replied 3 years ago.
You can ask them to do this, but they will want to use the first statement, as that was the soonest after the incident. Now that you have thought this over they will not want your revised version

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