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Ohio Domestic Violence -- Withdrawing a Complaint

Various agencies have made claims that seventy-five percent or more alleged victims of domestic violence recant or call back their testimony.  Many claims appear to have little basis in fact, the numbers being thrown around without sufficient information as to how the number was determined.  Dr. Lois Ventura and Gabrielle Davis of the University of Toledo did a study in 2004 and found only 1.3 percent recant.

So somewhere between 1.3 and 75 percent recant or withdraw their support of the complaint and temporary protection order (TPO).

The legislature built in a system to allow the court to continue to prosecute these cases regardless of the wishes of the victim.  The legislature believed that the well being of the victim transcended the idea that the victim should play a large enough part to stop the prosecution.

The result is that the victim cannot expect his or her withdrawal of support for the prosecution to affect the case.

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