Domestic Violence Statute of Limitations in California

The statute of limitations for some domestic violence charges in California changed not so long ago, and prosecutors now have more time to file certain cases. This article explains how the time limits work and what they mean for someone accused of domestic violence.

What Is the Domestic Violence Statute of Limitations in California?

In a criminal case, the statute of limitations is the deadline for the prosecutor to file charges. Victims do not file criminal charges. The police investigate, and the district attorney decides whether to file a case and what to charge.

Civil lawsuits for domestic violence are a separate matter with their own time limits. This article is about criminal charges.

How Long Do Prosecutors Have to File?

The time limit depends on the charge:

• Corporal injury on a spouse or partner (Penal Code 273.5): prosecution may be started within 7 years. This applies to offenses committed on or after January 1, 2025, and to older offenses that were not already time-barred on that date.
• Most misdemeanor domestic violence offenses, such as domestic battery under Penal Code 243(e)(1): 1 year.
• Other felonies: generally 3 years, unless a statute sets a longer period.

Lawmakers extended the time for Penal Code 273.5 cases because many people do not report abuse right away, especially while they are still in the relationship.

What Is Coercive Control?

"Coercive control" is a concept in the California Family Code. It is part of the definition of abuse used for domestic violence restraining orders. It is not a crime by itself, and it has nothing to do with the criminal statute of limitations.

Why Reports Are Sometimes Delayed

Allegations of domestic violence are sometimes made months or years after the events. Reasons people give include still living with the other person, fear of what will happen, or not seeing the behavior as abuse until later. Some resources describe these patterns in detail, such as this guide from domestic abuse advocates.

For someone accused, a delayed report can raise real questions. Memories fade, evidence is lost, and the reasons behind a report made years later may be worth looking into. Goss Law has more information on the statute of limitations for sexual assault in California.

California Domestic Violence Laws Could Make the Case a Felony

Some domestic violence charges can be filed as felonies. Prosecutors may file a felony when a weapon was used, there is a history of prior domestic violence convictions, or the injury was serious.

Domestic Violence Cases Are Complicated

The possible sentence depends on many factors, including the charge, any prior convictions, and how serious any injury was. A restraining order can also be requested in family court, separate from any criminal case. Contact Goss Law for more information on the DUI statute of limitations in California.

Getting Legal Help Today

Anyone who is under investigation or has been charged with a domestic violence offense should talk to a criminal defense attorney in Sacramento as soon as possible. Attorney Blair Goss can review whether the charge was filed on time, look at the evidence, and explain the options in the case.