Allegations Of Domestic Violence Must Be “Timely”

As with most other offenses, crimes of domestic violence must be brought before the legal system within a certain time period, usually codified in a statute of limitations. However, even within the statute of limitations, courts may sometimes rule that domestic violence allegations are “untimely.” If you have been charged with a domestic violence offense, a knowledgeable attorney may be able to establish that the allegations against you are too remote in time.

Statutes Of Limitations Help Prosecute Crimes Quickly

When a person is accused of a crime or a tort (essentially, the civil equivalent of a crime), a statute of limitations usually applies to that case – that is, a period in which the case can be prosecuted is established by law. While the statute of limitations can vary from offense to offense and jurisdiction to jurisdiction – for example, Florida has abolished the statute of limitations for “capital felon[ies], life felon[ies], or felon[ies] that resulted in a death,” while other states have not – the offense in question must be prosecuted or litigated within that window of time.

In Florida, there is no one crime of ‘domestic violence;’ instead, the underlying crime, such as kidnapping, assault, or stalking is charged, and domestic violence ‘enhancements’ are added at sentencing if a person is found guilty. This means that the statute of limitations in your case may vary, depending on the offense with which you have been charged.

Must Be Fear Of “Imminent” Abuse

Statutes of limitations vary between one and four years in Florida’s criminal courts, but in domestic violence cases, there is an additional consideration for petitioners seeking domestic violence injunctions. While there is no “bright line” rule that sets a limit on when domestic violence cases can be brought, most Florida courts hold to the unwritten rule that an injunction cannot be obtained against someone if the alleged abuse in question occurred more than a year previously.

Many domestic violence cases, and cases where a petitioner is seeking a domestic violence injunction, hinge upon the alleged victim’s “reasonable fear” of “imminent” violence. If there is no imminent or recent violence, courts generally hold that the fear of being victimized is not sufficiently reasonable to warrant an injunction or other legal proceedings. In other words, if a person was violent in the past, but has not been for a year or more, any fear of being revictimized is not seen as sufficient grounds to grant the order.

Contact A West Palm Beach Domestic Violence Attorney

If you have been charged with a crime of domestic violence, it is important to enlist the right attorney to handle your case. If the allegations are not timely, or if the statute of limitations has passed, you need a West Palm Beach criminal defense attorney to protect your rights. Contact the firm of Perlet & Shiner, P.A. today to speak to an attorney.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.15.html