Understanding The Statute Of Limitations In Florida Domestic Violence Cases

Being charged with a crime of domestic violence in Florida can be irritating at best, terrifying at worst. Depending on the nature of the offense, it is not inconceivable that a guilty verdict might put you in prison for years or even decades. That said, both civil and criminal law in Florida have statutes of limitations in place that ensure that cases are brought promptly, in order to protect the rights of both victim and accuser.

What Is A Statute Of Limitations?

A statute of limitations is a law establishing a time limit within which a lawsuit or criminal proceeding can be filed against a defendant. If a person or the state do not file within that time frame, they lose the chance to ever file charges for that specific matter. For example, Florida observes a statute of limitations of two years for first-degree misdemeanors. If the state does not charge the defendant with the crime, their chance is lost.

The rationale for having statutes of limitations at all is twofold. The first reason is because unfortunately, crime is usually committed at a fairly regular clip, and courts must adjudicate the cases that pose the greatest risk to society before others. The second reason is that after too much time has passed, memories and evidence will begin to degrade, making it much more difficult to ensure fairness and accuracy. Setting time limits for filings helps to keep courts equitable.

The Time Limit Differs Between Offenses

The first thing to understand about domestic violence crimes in Florida is that there is no one single crime of domestic violence. Rather, Florida adds a sentencing enhancement of sorts if a person is found guilty of any crime that qualifies. For example, a person convicted of kidnapping has not been charged with ‘domestic violence;’ they were found guilty on charges of kidnapping. At sentencing, though, the presence of domestic violence factors will usually mean a stricter sentence.

The reason this is relevant is that misdemeanor and felony offenses may have different statutes of limitations – if you have been charged with felony assault, for example, the statute of limitations is three years, compared to two for misdemeanor assault. It is not uncommon for victims of domestic violence to try and cover up their injuries for a variety of reasons, only to change their mind and seek justice later – and it can be a shock to an individual who might have thought that trouble was behind them.

Contact A West Palm Beach Domestic Violence Attorney

If you have been charged with a crime of domestic violence in Palm Beach County, enlisting a West Palm Beach criminal defense attorney can ensure that your rights are protected. The firm of Perlet & Shiner, P.A. can help – call our office today to speak to an attorney.

Source:

flsenate.gov/laws/statutes/2025/775.15