What is the Statute of Limitations for Domestic Violence in California?
Domestic violence (DV) in Los Angeles is a severe crime with long-lasting effects on both the alleged victim and the perpetrator. The physical, emotional, and psychological consequences can devastate families.
In addition to the immediate impact of the abuse, some victims might also experience long-term effects such as post-traumatic stress disorder (PTSD), anxiety, and depression. For alleged perpetrators, the consequences of a felony domestic violence conviction can include jail time and loss of child custody.
The statute of limitations (SOL) is the amount of time the district attorney has to file criminal charges against you. In California, the statute of limitations for most crimes is one year for misdemeanors and three years for felonies.
However, it's different for domestic violence since many victims do not come forward to report the crime until long after the alleged abuse has occurred. Domestic violence is often called a "hidden crime" because victims might be afraid to come forward for fear of retaliation from the abuser.
In 2020, California lawmakers passed a bill (SB 273) that extends the statute of limitations for domestic violence to five years. This crucial change empowers alleged victims of domestic violence, giving them a significant five-year window to file a police report or accuse the abuser of a crime.
Further, this bill created a new category of domestic violence called "coercive control," which covers a broader range of abusive behaviors beyond physical violence. Coercive control refers to a pattern of behavior that seeks to dominate, intimidate, or control a partner or family member.
This can include isolation from friends and family, monitoring of movements, and control of finances. This change in the law has been seen as a victory for victims of domestic violence, as it gave them more time to come forward and seek justice.
What Factors Prevent Victims From Reporting DV?
There are many reasons why victims of domestic violence might not come forward immediately after the incident, such as the following:
- Frequently, domestic abuse is a gradual process that escalates over time. Victims don't immediately recognize that they are being abused.
- Victims might be afraid to come forward because they fear retaliation from the abuser, such as receiving criminal threats to hurt the victim or their family if they go to the police. This can intimidate victims into staying silent.
In more severe DV cases, the abuser might threaten to kill the victim if they report the abuse to authorities or even speak to family or friends. Since their life may be at risk, they may feel it is not worth coming forward to report it.
While these reasons are valid fears experienced by many, it's important to remember that the law is on the victim's side. Nobody has the right to abuse another person, and victims have every legal right to come forward and seek justice. The law is a powerful tool in protecting victims from their abusers.
DV Statute of Limitations - Quick Facts
- The statute of limitations (SOL) refers to the maximum period of time after an event within which legal proceedings may be initiated.
- The SOL serves as a protective measure, ensuring that individuals are not indefinitely under the threat of criminal charges.
- For most crimes, California law sets the statute of limitations at 1-3 years, but prosecutors have more time for severe cases, such as rape.
- Changes to the law in 2020 have extended the statute of limitations for domestic violence crimes in California to five years.
- The extension allows for the length of time that it typically takes some victims to come forward and report the DV incident.
- A new category called "coercive control" was created, which provides the district attorney with more powers to charge domestic violence incidents that do not result in physical violence but involve mental or emotional abuse.
- The victim has five years to come forward, and prosecutors have five years from the time of the alleged incident to file criminal charges.
- Many victims do not report an intimate partner to the police because they don't want them to face prosecution, especially when children are involved.
What is Senate Bill 273?
Recognizing unique aspects of domestic violence cases, the California legislature enacted SB 273 in 2020.
This landmark legislation made changes to the domestic violence laws, including extending the statute of limitations to five years for all domestic violence crimes, regardless of whether they would be classified as misdemeanors or felonies.
The extension gives victims more time to make the difficult decision to pursue legal action against their abusers. Likewise, it also gives the district attorney more time to decide whether criminal charges are appropriate.
As noted, SB 273 further expanded the definition of domestic violence to include "coercive control," which means alleged victims can now seek protective orders in response to patterns of abuse beyond physical violence.
SB 273, which became law on January 1, 2020, extended the period of time in which a domestic violence case can be filed to five years. Consider the following facts about the new statute of limitations:
- The motivation behind SB 273 is to empower victims of domestic violence.
- The extended timeframe recognizes victims' complexities and emotional challenges in coming forward.
- Victims may delay reporting DV incidents due to fear, psychological trauma, economic dependence, or the hope of reconciliation.
False Domestic Violence Allegations
Nobody has the right to abuse another person, especially an intimate partner, within the same home. Victims have every right to seek justice, but there are many well-documented cases of false allegations of domestic violence.
These can include instances where a person falsely accuses their partner of abuse to gain an advantage in a divorce or child custody case or to retaliate for a perceived wrong.
Simply put, this law might have negative implications for the accused, especially for people who are falsely or unfairly accused of domestic violence. False domestic violence allegations can impact various aspects of life, including personal relationships and employment opportunities.
The extended statute of limitations means that allegations of domestic violence can surface and lead to legal proceedings years after the alleged incident. During this extended time, exculpatory evidence, or evidence that could prove the accused's innocence, may diminish, and witness memories may fade.
This can make it more difficult for the accused to defend themselves effectively. The reluctance of some victims to come forward is out of fear of retaliation or because they feel intimidated. In severe cases, they even fear for their life.
Sometimes, reluctance is out of a sense of shame, loyalty, or even love for an abusive spouse, who may be the father of children in the household. Thus, it can be a long time before a victim steps forward to report the abuse, and many times, it's not reported at all. However, as noted, there are many cases of false domestic violence accusations.
What is the Standard Statute of Limitations?
Under California law, crimes are categorized into misdemeanors and felonies, each with its statute of limitations:
- Misdemeanors have a statute of limitations of one year.
- Felonies have a three-year limitation period.
Legal actions must be initiated within these timeframes, or prosecutors forfeit the ability to file criminal charges.
Domestic violence crime involving harm or threats of harm against a partner or family member used to fall under these standard statutes of limitations.
The severity of the crime determined whether it was a misdemeanor or felony, which dictated the applicable statute of limitations.
However, this standard SOL posed challenges for victims who were reluctant to come forward immediately due to fear, pressure, or the complexities of their situations.
How Can a Criminal Defense Lawyer Help You?
The new statute of limitations for domestic violence highlights the need for experienced legal representation to navigate the increased complexity of defending against older allegations.
Suppose you were accused of domestic violence or believe you might be charged based on an older incident. In that case, there are many advantages to retaining a California criminal defense attorney sooner rather than later, such as the following:
- An attorney can help you understand your legal rights and options.
- An attorney can investigate the alleged incident and take steps to protect evidence that might exonerate you, such as video or text messages.
- An attorney can gather eyewitness accounts while memories are fresh.
- A skilled lawyer can develop a comprehensive defense strategy considering all available evidence, potential witnesses, and legal precedents.
- A lawyer can negotiate plea deals or fight the charges in court.
- A lawyer can manage legal deadlines, ensuring rights are not waived.
- An attorney can take proactive steps to protect your best interest.
For additional information, contact our criminal defense law firm, Cron, Israels & Stark, which has offices in Los Angeles, CA.
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