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What is the statutory limitation on pressing charges on a domestic violence situation when there is police report and no arrest
Anonymous2 views3 answers
I have been involved in a domestic violence situation on april23 rd 2014 and police came and asked my husband to move out for the night and he was not arrested but a police report was generated so until when can I press charges on him ( one year six months) time frame ? And I am dependent on him and I have no income so who should I contact to do that . It has already been 3 months now is it effective If I press charges on him now?
The statute of limitations on a misdemeanor is two years, so you are well within that time frame, and the statute of limitations for felonies is even longer. If you truly fear for your safety and/or the safety of your children, then you should pursue the case. However, if you don't think he is a danger to you or anyone else, and are just mad at him and want to use the courts and police as punishment, do not pursue it, because it will be out of your hands very quickly. Your first priority needs to be the safety of yourself and your children. You can always find another source of income and another place to live. You can't replace your kids and they can't replace their mother, nor can you get back the innocence lost when a child witnesses domestic violence.
I would recommend getting in touch with the solicitor's office in the county in which you live. Most have domestic violence units that can give you some guidance.
If the situation is a misdemeanor (which it most likely is) the statute of limitations is 2 years. If the situation rises to the level of a felony the statute of limitations is 4 years.
