Understanding Florida’s Statute Of Limitations In Domestic Violence Cases

A statute of limitations is a period in which an injured person must file a civil lawsuit (or law enforcement must bring a criminal case against a suspect). Once the statute of limitations has passed, the offense can no longer be litigated. This seems straightforward, but too often, it can be confusing for those who have been the victim of domestic violence offenses. If you have experienced such a crime, it is crucial to understand how Florida’s statutes of limitations work, and act accordingly.

Several Statutes Of Limitations

One of the reasons why the statute of limitations can prove a problem for domestic violence victims is that in Florida, there is no one specific offense called “domestic violence.’ Rather, the underlying offense, such as battery or kidnapping, is charged, and the presence of domestic violence factors serve as a sentencing enhancement if the defendant is convicted. Most misdemeanor offenses in Florida carry a two-year statute of limitations, while felonies carry three years (rationalizing that there might be more evidence to collect with a felony).

The average person may be aware of this, but far too many are under the impression that charges may be filed at any time, even if years upon years have passed since the alleged incident. This is simply not the case, for one straightforward reason: as John Still said, “The memories of men are far too frail to hang history upon.” Eyewitness testimonies grow less certain; evidence decays, and the hope to have a fair courtroom hearing disappears faster the more time passes.

Exceptions Do Exist

While the strong majority of domestic violence offenses will have two- or three-year statutes of limitations based on their severity, there are a handful of exceptions to the rule that allow the statute to either not run at all, or to be tolled (delayed) until a certain point. These occur when the court holds that it would be in its best interests to toll the statute – for example, if a person was threatened into concealing domestic abuse, the statute might be tolled to allow that person time to build a case against the abuser.

It is important to keep in mind, however, that these are some of the only reasons a court will delay a statute of limitations. Events like illness or other personal issues are not usually sufficient grounds to delay, and courts are quick to dismiss a case if filing deadlines are not met. The right attorney on your side can ensure that you present your case in a timely manner, and ensure that you get your day in court.

Contact A West Palm Beach Domestic Violence Attorney

Domestic violence cases are very serious, and it can be difficult to determine whether to report the abuse, never mind seeking damages from an abuser. A West Palm Beach domestic violence attorney from the firm of Perlet & Shiner, P.A. can help guide you through the process of protecting your rights – we are ready and willing to try and help. Contact our office today at (561) 721-0552 to speak to an attorney.