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  1. #1
    Tiredoftakingit is offline Junior Member
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    California Dom.Viol., Statute of Limitations

    What is the Statute of Limitations for Dom. Violence in California?
    Does the timeline begin at the time of the alleged incident?
    Or can the alleged victim choose to file a complaint yrs. later?
    Is the charge "Domestic Violence" or is it Assault and/or Battery?
    If Assault and/or Battery, what is the statute of limitations on that?
    Thank You!
  2. #2
    Law Gangster is offline Junior Member
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    Quote Originally Posted by Tiredoftakingit
    What is the Statute of Limitations for Dom. Violence in California?
    Does the timeline begin at the time of the alleged incident?
    Or can the alleged victim choose to file a complaint yrs. later?
    Is the charge "Domestic Violence" or is it Assault and/or Battery?
    If Assault and/or Battery, what is the statute of limitations on that?
    Thank You!

    You're going to have to describe the type of assault; e.g., simple assault, or sexual assault on a minor. There are different SOL's. Also, was this ONE assault, or many? Give us a timeline - - dates of each assault and type.

    IAAL
  3. #3
    Tiredoftakingit is offline Junior Member
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    To Law Gangster

    One time incident, one shove, one slap. Never happened before or since in over 19 yrs. of relationship. Divorce was final 3 yrs. ago. Incident occurred 4+ yrs. ago. Estranged husband on wife, no signicant injury, redness. To further clarify my question, does the SOL timeline begin at the TIME of the alleged offense or does it begin when the prosecuting authority LEARNS of the alleged offense? In other words, can the "victim" use the incident as an indefinite threat to basically blackmail and extort money from the perp? Or does the SOL finally give some relief? Thank You for your response.
  4. #4
    CdwJava is offline Senior Member
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    Quote Originally Posted by Tiredoftakingit
    One time incident, one shove, one slap. Never happened before or since in over 19 yrs. of relationship. Divorce was final 3 yrs. ago. Incident occurred 4+ yrs. ago. Estranged husband on wife, no signicant injury, redness. To further clarify my question, does the SOL timeline begin at the TIME of the alleged offense or does it begin when the prosecuting authority LEARNS of the alleged offense? In other words, can the "victim" use the incident as an indefinite threat to basically blackmail and extort money from the perp? Or does the SOL finally give some relief? Thank You for your response.
    Extortion is a crime. If someone is extorting you, report it.

    If the slap and/or shove resulted in a complaint of pain or ANY visible injury, then it can theoretically be charged as a felony which has an SOL of three years from the time of the commission of the offense.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  5. #5
    Tiredoftakingit is offline Junior Member
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    CdwJava:

    Thank you for your response Carl. Sure, extortion is a crime, so is slapping your estranged wife. Reporting her for extorting money wouldn't do a guy much good if she turned around and filed Dom. Abuse charges in return. That was my reason for asking the SOL. She's at it again. She is also a convicted felon, for embezzlement from the bank she worked at, a BIG reason for the divorce, so this kind of stuff is nothing new for her, all in a day's work you might say! In my humble opinion, she has received more than enough restitution for this incident, more than she would have by reporting it since this individual is out of a job the moment a DV complaint is filed against him, no conviction needed. Thanks again,
    Tiredoftakingit, nottakingitno-mo!!
  6. #6
    garrula lingua is offline Senior Member
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    If there was no broken bone or stitches & just a slap,
    your're speaking of a misdemeanor Penal Code 273.5.

    There would have been a filing within a year of the event.

    If a warrant had issued when the event occurred, a detective would have contacted you at work, or home, near the time of the incident.

    Don't hit her; she shouldn't be holding some fake threat of criminal prosecution over you, but: don't hit her.

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