If you hear that the California domestic violence statute of limitations has been changed, it means that the amount of time a prosecutor has to file charges against someone accused of domestic violence has changed. For a long time, many assumed that domestic violence cases were like other criminal charges, but recent changes have made this not the case.

The new law extends the time prosecutors can file charges for certain domestic violence crimes, a change that impacts both survivors and the accused.

How the Law Changed

California used to handle most domestic violence crimes the same way it does under the normal statuteoflimitations rules: with a one-year limit for misdemeanors and a three-year limit for felonies. However, Senate Bill 273, which took effect on January 1, 2020, lengthened the amount of time prosecutors have to file charges for certain domestic violence crimes.

SB 273’s extension applies to a list of domestic violence crimes, which primarily include corporal injury to a spouse or cohabitant under Penal Code Section 273.5.

Senate Bill 690, also known as “Phoenix Act 2.0,” was recently signed into law. It will further increase the statute of limitations on eligible felony domestic violence cases. Prosecutors will now have up to seven years to file charges for those offenses committed on or after January 1, 2025 (or for which the previous limitation period has not already expired).

The seven-year time period accounts for some of the delays victims of domestic violence can experience before coming forward with a report or finding the emotional, financial, or safety-related resources to report their abuser.

In California, 58% of women have experienced some form of domestic violence in their lifetime. Additionally, 42.7% have experienced some form of physical violence. Also, 32.1% of men have experienced some form of domestic violence in their lifetime.

California Domestic Violence Laws and Domestic Violence Penalties

In California, “domestic violence” typically means the commission of an act of physical violence or a threat of violence against a person who shares a close relationship with the perpetrator, such as a spouse, partner, cohabitant, intimate partner, etc. Penal Code Section 273.5 specifically prohibits willful acts of corporal injury that cause a traumatic condition.

The crime of domestic violence can be punished as a misdemeanor or a felony, depending on the circumstances and severity of the crime. In the past, the domestic battery statute of limitations was shorter for misdemeanors, and Penal Code 273.5 felony injuries had a three-year limit.

If convicted, even after the statute of limitations has expired, the penalties can be significant. Convicted individuals face extensive repercussions, including lengthy jail time or probation with substantial financial penalties and domestic-violence enhancement, along with restraining orders resulting in a criminal record that affects future housing, employment opportunities, and immigration status.

Offenses Covered by the Statute

Certain domestic violence offenses that share elements with other crimes, such as sexual assault, may be completely exempt from statute of limitations rules. California legislation permits the prosecution of specific crimes like rape and other sexual offenses anytime, regardless of the time since the criminal behavior happened. Thus, even if the lengthy domestic violence period has run out, other charges could be filed based on the circumstances of the conduct.

Simple domestic battery offenses classified as misdemeanors under Penal Code Section 243(e)(1) must adhere to the traditional shorter limitation period of one year rather than the extended time applied to other cases. A domestic violence incident can involve additional related offenses that require different limitation periods or fall under various criminal statute rules, depending on their severity.

When the Statute of Limitations Does Not Apply

It should also be noted that some domestic violence offenses, particularly those that are often intertwined with other crimes like sexual assault, may be exempt from statute of limitations restrictions entirely.

California law allows for certain offenses, such as rape and other sexual felonies, to be prosecuted at any time, no matter how long ago the criminal conduct occurred. Thus, even if the lengthy domestic violence period has run, other charges could be filed based on the circumstances of the conduct.

FAQs

What Is the Statute of Limitations on Domestic Violence in California?

The statute of limitations for domestic violence depends on the specific crime that was committed. Misdemeanor domestic battery is generally required to be prosecuted within one year. Felony domestic violence involving corporal injury to a partner is now subject to a seven-year statute of limitations under the recently passed law. There is no statute of limitations on overlapping crimes such as sexual assault.

How Long Does a Domestic Violence Charge Stay on Your Record in California?

A domestic violence conviction can stay on your criminal record for the rest of your life. Even if a charge is reduced or dismissed, it may still show up on a background check or be used to deny you housing, employment, and professional licenses. Some people are able to have their records expunged, but felony convictions will usually remain.

What Is the Five-Year Statute of Limitations in California?

A five-year statute of limitations usually applies to certain felony crimes in California, depending on the offense and whether bodily injury, theft, or fraud is involved. In domestic violence cases, some felony offenses without immediate physical injury may have previously been subject to a five-year statute of limitations, but recent legislation, like SB 690, may have changed this for certain serious domestic violence offenses.

What Makes Domestic Violence a Felony in California?

Domestic violence is a felony when it causes serious bodily injury or includes the use of a deadly weapon. Felony domestic violence laws also apply if the offender has a history of violent offenses. The crime is defined as willfully inflicting a corporal injury on a spouse, cohabitant, or intimate partner. An offender’s prior convictions, the type of harm inflicted, and aggravating factors can increase charges from misdemeanor to felony.

Hire a Domestic Violence Lawyer

If you have been charged with domestic violence, hire a domestic violence lawyer today. A domestic violence attorney at The Law Offices of Jacqueline Goodman can help you fight for your future. Contact us today for a consultation.