If you are accused of domestic violence that occurred in the past or if you are facing a delayed investigation, the statute of limitations may affect your case. California law limits the amount of time the State has to file charges. Once that window closes, the government cannot prosecute the case, regardless of the evidence or severity of the allegations.
The statute of limitations for domestic violence in California depends on whether the offense is charged as a misdemeanor or a felony and whether there are aggravating factors such as injury, prior convictions, or allegations involving minors. In some cases, prosecutors may still have the legal authority to file charges years after the alleged conduct.
How Long Does Someone Have to Press Charges for Domestic Violence?
Contrary to what most people believe, the ability to press charges does not rest with the alleged victim of a crime. In California, and in most states, the District Attorney decides whether or not to file criminal charges in each case. However, they do not have an indefinite amount of time to make charging decisions. They are on a clock. Prosecutors must decide within a specific period after the act, and California’s statutes of limitations define that period.
For felony-level domestic violence charges, the State typically has three years to file. This applies to offenses involving the intentional infliction of injury on an intimate partner and other felonies. Misdemeanor charges—such as those involving battery without visible injury—must be filed within one year.
The clock starts on the date the incident allegedly occurred. The statute may be extended in some situations, such as when new forensic evidence is discovered or the accused was outside California at the time the State tried to file. Prosecutors may also toll the filing deadline if the accused evades law enforcement or conceals their identity.
California Domestic Violence Statute of Limitations by Charge
Domestic violence is not a single offense but a group of possible charges. Each has its specific statute of limitations. The most common include:
- Infliction of corporal injury—three years if filed as a felony;
- Battery against a cohabitant—one year;
- Child abuse—six years;
- Child endangerment—one to six years, depending on the severity of the act; and
- Elder abuse—can be one, three, or six years, depending on injury and financial loss.
The State may pursue charges under different statutes if multiple offenses are alleged. Each charge is subject to its specific deadline. The more serious the charge, the longer the State has to act. In some cases involving repeat conduct, prosecutors may argue that the statute begins with the last act in a continuing abuse situation.
Statute of Limitations on Domestic Violence in California with Aggravating Factors
Certain aggravating factors may affect how long the State has to prosecute domestic violence. These include:
- Physical injury—cases with visible injuries may be charged as felonies with a longer filing period;
- Alleged victim’s age—-California law provides extended timelines if the alleged victim is a minor;
- Prior convictions—repeat offenders may face felony enhancements, extending the allowable time for prosecution; and
- Special victim categories—elder or dependent adult victims may also trigger longer limitation periods.
The presence of aggravating factors does not guarantee a felony charge, but it allows prosecutors more flexibility under the law. The State must support each aggravating factor with evidence, and the resultant offense classification controls which deadline applies.
How the Statute of Limitations Affects Case Strategy
If the State has not filed charges yet and you believe the deadline has passed, your attorney may file a motion to dismiss based on the statute of limitations. Courts will examine whether the statute was tolled for any reason, whether the alleged conduct fits within a longer limitations window, and whether the prosecution filed in time to comply with the appropriate timeframe.
A statute of limitations defense is not automatic. The court will not dismiss a case unless you raise the issue and prove that the State waited too long to file. You or your attorney must identify the applicable statute, compare it to the filing date, and argue that the deadline has expired. This defense may apply even if the accusations are serious and new evidence has emerged.
If law enforcement initiates a case years after the alleged event and files outside the allowed period, the case may be subject to dismissal.
Do All Repercussions Disappear If the Case Is Dismissed for Statute of Limitations Violations?
No, all repercussions do not necessarily disappear, even if you get the case dismissed due to a violation of the limitations period. The existence of a police report or prior investigation can affect your reputation, employment, or family court matters. California courts allow evidence of past abuse in restraining order hearings, custody cases, and professional licensing disputes. The statute of limitations does not block these uses unless the information is sealed or excluded for another reason.
It is important to separate the criminal filing deadline from other forms of exposure. A stale accusation may not lead to a conviction or jail time, but it can still appear in public records or be used against you in civil or administrative matters. The statute of limitations limits criminal prosecution, not necessarily public access to past allegations.
Don’t Let Old Accusations Catch You Off Guard
If you’re being investigated or charged with domestic violence years after the fact, the statute of limitations may be your most powerful defense. Lead attorney, Seppi Esfandi, was born and raised in Los Angeles, California, and he has been defending accused persons in the area for over 23 years. He has been ranked as one of the top criminal defense attorneys in the state, and stands ready to provide you with the best defense possible.
For cases that might have a statute of limitations defense, we will analyze the timeline, assess whether the State acted within its legal window, and move swiftly to dismiss charges when deadlines have passed. Our attorneys understand the subtle differences between felony and misdemeanor time limits—and how prosecutors try to stretch them. Don’t assume a delay means you’re safe, and don’t wait to defend yourself. Contact us today to determine if the clock has already run out and if you need to seek a dismissal.
