Prosecutors only have a certain amount of time to file charges after a crime takes place. This timeframe is known as the statute of limitations. For most criminal offenses, California institutes a three-year statute of limitations, but legislators may pass laws to extend this time period for specific offenses. In rape cases, for example, there is no statute of limitations, meaning prosecutors can file charges indefinitely. Domestic violence charges are also subject to a unique statute of limitations, but this law only changed recently.
Table of Contents
Domestic Violence Statute of Limitations in California
Only corporal injury to a spouse or cohabitant (Penal Code 273.5 (PC)) is subject to a seven-year statute of limitations. These time limits only apply if the charges are filed as felonies, not misdemeanors.
The seven-year statute of limitations only applies to cases filed after January 1, 2025, when SB 690, sometimes called the Phoenix Act 2.0, was enacted. Before that date, the statute of limitations for domestic violence was five years, which went into effect in 2020 after the passage of SB 272. Prior to that bill, this offense was subject to the same three-year statute of limitations that applies to most offenses in California.
Additionally, this statute of limitations does not apply to domestic battery (Penal Code 243(e)(1) (PC)), which is always a misdemeanor. As a misdemeanor, prosecutors only have one year to file charges in these cases.
When Does the Statute of Limitations Start for Domestic Violence?
Technically, the clock starts ticking on the “date of discovery,” which is usually when the offense actually occurs. However, there are some exceptions when the crime wasn’t immediately discovered. “While domestic violence is usually discovered immediately,” says Liss, “there are occasions when it is not.” For example, if a victim fell into a coma and police were unsure who the culprit was, the clock wouldn’t start ticking until the victim woke up and named their assailant.
Other Exceptions to the Standard Statute of Limitations
There are two other situations where the statute of limitations may be extended: if the case involves a mentally ill suspect or a juvenile victim.
Mental Illness in the Suspect
The first occurs if the defendant was mentally ill at the time the incident took place. Charges cannot be filed until they are mentally competent again, even if that is after the statute of limitations would otherwise have expired.
Juvenile Victims
If the victim is a minor, the clock does not start running until they turn 18. “While few victims of domestic violence are teens, their relationships can still sometimes include violence,” explains Liss.
When Domestic Violence Involves Other Offenses
Each charge is subject to its own statute. So, if a domestic violence incident involved rape or ended in murder, the prosecutors may not be able to file 273.5 (PC) charges after 7 years, but they could still file charges for the rape or murder because these offenses have no statutory limit. Similarly, while misdemeanor crimes like making threatening phone calls are typically subject to a one-year statute of limitations, other domestic violence charges could still be charged after that time as long as the charges were filed within seven years of the incident.
Frequently Asked Questions
Why would prosecutors wait to file domestic violence charges?
There are many reasons. Sometimes, victims are scared to provide testimony against their abuser or they believe the abuse will eventually stop. In other cases, prosecutors may want to uncover more evidence before they file charges or see if a severely injured victim may die from their injuries. Occasionally, the prosecutor or victim may feel the incident was too minor to make a big deal out of until the culprit is accused in another incident. Regardless of the reason, a defense attorney can often use a lengthy delay to bolster their defense, questioning the evidence in the case or the motives of those involved.
What is the deadline for reporting domestic violence in California?
Victims can make a police report at any time before the statute of limitations expires. In other words, domestic violence victims in California have up to 7 years to go to the police.
How long after an arrest will prosecutors usually wait to press domestic violence charges?
Technically, the District Attorney can wait almost seven full years to file domestic violence charges, but typically, they will file charges as soon as they feel they have enough evidence to do so. If the suspect is in custody though, the charges must be filed and an arraignment held within three court days or the defendant must be released.
Do all types of domestic violence have a seven-year statute of limitations under the new California law enacted in 2025?
No. This extended statute of limitations only applies to felony charges filed under 273.5 (PC). It does not apply to misdemeanor charges filed under 243(e)(1) (PC) or charges that carry domestic violence enhancements, such as vandalism.
Call a Lawyer Today
If you are charged with domestic violence in Vista, attorney Peter M. Liss can help —especially if there is any evidence that the statute of limitations has expired. In some cases, a lawyer with a good relationship with local prosecutors may be able to convince the District Attorney not to plead charges if they have already waited years to file in the first place. Please call (760) 643-4050 today to set up a free initial consultation at Mr. Liss’ Vista office, right across the street from the North San Diego County courthouse and jail.
