You’ve carried the weight of what happened for years, torn between seeking justice and trying to move forward. One day, someone mentions that time may have run out to take action. But has it? Whether you’re a survivor or a person who stands accused, understanding the statute of limitations on domestic violence in California can change everything.

Here’s what you know about these laws, how they’ve evolved, and what steps you can take to protect your rights or seek accountability.

Understanding the Different Forms of Domestic Abuse

While the term domestic violence often conjures images of physical abuse, the reality is far broader. California’s Domestic Violence Prevention Act recognizes a more comprehensive range of behaviors, including:

  • Emotional abuse—this can include threats, insults, intimidation, and isolating someone from everyone else in their life;
  • Sexual abuse—forced sexual acts, unwanted touching, and controlling sexual behavior are all forms of domestic violence; and
  • Financial abuse—this includes controlling a person’s finances, denying access to money, or sabotaging a victim’s financial security.

The statute of limitations on domestic abuse in California applies to all these forms of abuse, allowing accusers to seek justice regardless of the type of abuse they claim to have endured.

Statute of Limitations on Physical Abuse in California 

California has made significant updates to the statute of limitations for domestic abuse criminal cases in 2024.

  • Misdemeanor domestic violence. The statute of limitations allows an accuser to seek criminal charges up to one year from the date of the alleged offense.
  • Felony domestic violence. The time limit was previously capped at three years. However, recent legislation has extended the statute of limitations to seven years under Senate Bill 690, which was signed into law in 2024. 

This increase in time to file felony charges reflects the desire of the California legislature to allow accusers time to heal and still hold those they accuse accountable in criminal court.

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Challenges Faced by Those Accused Under the Extended Statute of Limitations

The fact that the California legislature has extended the statute of limitations for felony domestic violence accusations by over 100% poses concerns if you are accused of these crimes. When allegations surface after years have passed, matters can be complicated in the following ways.

Evidentiary Issues

  • Physical Evidence. Over extended periods, critical evidence—such as medical records, photographs, or damaged property—may be lost, misplaced, or destroyed. Forensic evidence that could exonerate you may degrade or become inaccessible.
  • Digital Records. Text messages, emails, or social media interactions often play a key role in domestic violence cases. Many digital platforms automatically delete old records, making it harder to access evidence supporting your defense.

However, more than tangible evidence can degrade over time.

Fading Witness Memories

Over time, witnesses’ recollections naturally fade, and details become less clear. This can make it difficult for witnesses to provide accurate testimony or recall critical details that might exonerate you.

Difficulty Locating Witnesses

Over time, witnesses might move, change contact information, or pass away, making it challenging to locate them for the defense. Their absence could leave you without corroborative testimony.

False Allegations

Some people make such accusations for ulterior motives like revenge on an intimate partner or to gain an advantage in a custody dispute. Longer time periods to initiate charges means a longer time that the accuser has to decide to use such false allegations to their advantage.

Increased Emotional and Financial Strain

An extended period for prosecution keeps you under prolonged emotional stress and uncertainty. The looming possibility of charges can disrupt your personal and professional life.

Legal expenses can also accumulate as you may feel the need to hire an attorney early and keep them on standby for years to safeguard against charges popping up.

The extension of the statute of limitations can place accused individuals at a significant disadvantage. 

Why Comings Law Is Your Best Advocate

Comings Law is here to guide you in your defense every step of the way. With years of experience in domestic violence cases, we combine legal expertise with compassionate representation.

Call us today for a confidential consultation and take the first step toward resolving your legal matter. Trust us to defend your rights.

Resources:

  • Domestic Violence. Department of Justice, link
  • What Is the Legal Definition of Domestic Violence in California? Safe Family Justice Centers, link
  • California bill would extend statute of limitations to prosecute domestic violence. ABC7.com (2024), link
  • Governor Newsom signs bipartisan bills to support domestic violence victims. Governor of California (2024), link