How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78040
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I made a false statement of domestic violence under the

Customer Question

hi I made a false statement of domestic violence under the pressure of my dad who forced me to put charges agaunst my partner threatening me to claim custody of my child if i wasn't doing so. I would like to retract my statement as my partner has been charged on lies
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no the police refused me to retract my statement so I was willing to write one that i would made validate by a justice of a peace before court appears
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: It's local court of parramatta
JA: Anything else you want the Lawyer to know before I connect you?
Customer: my dad has actually kidnapped my child while the police was here to take my statement i'm now fighting my dad for kidnapping
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
I would like a template to write my retraction to the court please
Customer: replied 6 months ago.
hi the court case is tomorrow morning will you answer me any soon please?
Expert:  Virtual-mod replied 6 months ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Jo C. replied 6 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 6 months ago.

Have you done this before?

Customer: replied 6 months ago.
no
Expert:  Jo C. replied 6 months ago.

Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

If they believe that you have lied then they may charge you with perverting the course of justice or wasting police time.

If they do not then they will almost certainly summons you if you are not already. Their current policy is to summons reluctant witnesses.

If you attend court and resile from your statement they will just put your original statement to you hearsay and he will probably be convicted on that basis.

I'm afraid there are no magic wands anymore. The Crown generally has had enough of people wasting their time on domestics.

The only real option is to stay away although they may try to introduce your statement hearsay but it is weaker then. But equally they may get a summons and arrest you on a witness warrant.

The real solution is not to call the police to family arguments but I realise that doesn't help now.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.