What You Need to Know
Imagine a heated argument with your spouse that escalates, resulting in unintended harm, or a situation where a misunderstanding leads to accusations of threatening your child. Now, you’re facing allegations of domestic violence with serious charges that could impact you for years.
But how long can these charges linger over your life? As in many other states, Florida law sets a time limit for prosecutors to file domestic violence charges.
Our domestic violence attorney will break down Florida’s domestic violence statute of limitations (SOL), covering the differences between misdemeanor and felony charges, key exceptions, and what it all means for both victims and those accused.
Florida’s Statute of Limitations for Domestic Violence Cases
The time limit for when charges must be filed is called the “statute of limitations.” If charges are not filed within the specified time frame, the state or government cannot prosecute the accused. In Florida, the statute of limitations on domestic violence charges depends on whether the offense is classified as a misdemeanor or a felony.
Prosecutors now have five years from the date of a domestic violence incident to file charges. If accused, the victim has five years to report the incident, allowing legal action within this extended timeframe.
Is there a statute of limitations for domestic violence in Florida?
Yes. In Florida, there is a strict legal deadline for prosecutors to file formal criminal charges after a domestic violence incident, known as the statute of limitations. The timeframe depends entirely on the severity of the charge. Florida does not have a separate, special statute of limitations for domestic violence; these cases follow the state’s standard deadlines for misdemeanors and felonies under Florida Statute § 775.15.
Misdemeanor Domestic Violence Charges
- First-degree misdemeanors—SOL is two years. Charges like domestic battery fall under this category and can lead to penalties, including up to one year in jail, probation, and fines.
- Second-degree misdemeanors—the statute of limitations is one year. These may involve minor physical altercations without significant injury.
This timeframe refers to the filing of charges, not necessarily the occurrence of the trial.
Felony Domestic Violence Charges
- Third-degree felonies—SOL is three years. These charges might include aggravated battery or repeated domestic violence offenses, carrying penalties of up to five years in prison.
- Second-degree felonies—the statute of limitations is three years. If the offense involves more serious harm or the use of a weapon, the penalty can be up to 15 years in prison.
- First-degree felonies—the statute of limitations is four years, often involving severe injuries or extreme violence, with penalties of up to 30 years in prison.
These are general timelines. Specific circumstances can influence these limitations.
Unsure how long a domestic violence case can stay open?
Florida domestic violence cases can involve different filing deadlines depending on whether the allegation is a misdemeanor, felony, or a situation with special exceptions. If you are a victim, accused, or unsure whether charges can still be filed, get legal guidance before assuming the timeline has passed.
The deadline may depend on the charge level, reporting date, victim’s age, investigation status, whether someone left Florida, and other legal exceptions.
Find the issue that matches your situation
Open the section below to understand what may affect the deadline and why speaking with a lawyer early can matter.
I am accused and want to know if charges are too late
If charges are filed after the legal deadline, your attorney may be able to challenge the case with a motion to dismiss. Do not assume the deadline expired without reviewing the exact charge and timeline.
I am trying to understand misdemeanor vs. felony timelines
Domestic violence deadlines can vary based on the offense classification. Misdemeanor and felony cases may have different filing periods, and the specific charge matters.
There may be an exception or special circumstance
Minor victims, delayed discovery, ongoing investigations, or a person leaving the state may affect how the deadline is calculated. These issues should be reviewed carefully.
I am worried about records, evidence, or delayed reporting
Keep records of dates, messages, police contact, court papers, and related communications. These details can help determine whether charges were filed within the proper time.
Need clarity on a domestic violence deadline?
Moses & Rooth can review the charge, dates, evidence, and possible defenses so you know where you stand before the case moves forward.
Exceptions and Special Circumstances Affecting Statute of Limitations
While the general rule is that the prosecution must file charges within the specified timeframe, certain conditions can alter the domestic abuse statute of limitations in Florida:
- Victim’s age. The statute of limitations may be extended if the victim is a minor. For example, in cases involving sexual battery or lewd behavior, the limitation period may not begin until the victim turns 18 or the crime is reported, whichever comes first.
- Discovery rule. Sometimes, the statute of limitations may be extended if the crime is not discovered immediately. This is less common in domestic violence cases but can apply in specific circumstances.
- Ongoing investigation. If there is an active investigation, the statute of limitations may be tolled or paused until the investigation concludes.
- Fleeing the jurisdiction. The statute of limitations may be tolled until the person is captured if the accused escapes the state to evade prosecution.
These exceptions are designed to protect victims and ensure justice.
Florida DV statute of limitations by charge
| Charge | Degree | Statute | Statute of Limitations Deadline |
| Domestic Violence Battery (Simple) | 1st Degree Misdemeanor | § 784.03 | 2 Years |
| Felony Battery (Prior conviction or severe harm) | 3rd Degree Felony | § 784.041 | 3 Years |
| Domestic Battery by Strangulation | 3rd Degree Felony | § 784.041 | 3 Years |
| Aggravated Assault (With a deadly weapon) | 3rd Degree Felony | § 784.021 | 3 Years |
| Aggravated Stalking | 3rd Degree Felony | § 784.048 | 3 Years |
| Aggravated Battery (Great bodily harm or deadly weapon) | 2nd Degree Felony | § 784.045 | 3 Years |
The Importance of Statute of Limitations for Victims and Accused Individuals
Those affected by domestic violence, whether as a victim or the accused, should understand the significance and constraints of Florida’s statute of limitations.
For Victims
Victims must be aware of these time limits to ensure that they report the crime within the allowable period. Delays in reporting can result in the inability to prosecute the offender. Victims should also be aware of their protections, such as restraining orders and victim advocacy programs.
Keep detailed records of all incidents, communications, and legal actions. This documentation can be crucial in court. An experienced attorney who understands Florida’s domestic violence laws can provide personalized advice based on your situation.
For the Accused
For individuals facing domestic violence charges, knowing the statute of limitations can be a critical aspect of their defense strategy. If charges are brought after the statute of limitations has expired, the accused can file a motion to dismiss the case.
Working with a knowledgeable attorney experienced in defending domestic violence cases is essential. They can provide guidance on the statute of limitations, your available defenses, and other legal aspects of your case.
When does the clock start and stop?
The clock begins ticking the day after the alleged domestic violence incident occurs. A criminal prosecution is legally “commenced” (stopping the clock) when the State Attorney’s Office files formal charges (an “Information” or “Indictment”) and a capias or warrant is issued and executed without unreasonable delay.
Tolling the clock:
An ongoing police investigation does not pause the statute of limitations. However, if the accused continuously leaves the state of Florida or hides their residence to avoid arrest, the clock can be paused (“tolled”). Florida law caps this absence-related tolling at a maximum of three additional years.
Get Answers and Guidance from Moses and Rooth
Domestic violence shatters lives and leaves victims and accused individuals grappling with uncertainty. If you have any questions about domestic violence charges in Florida, such as the statute of limitations, our knowledgeable criminal defense attorneys have answers.
With over 20 years of experience, Moses and Rooth are here to offer the effective legal support you need. Contact us today for a confidential consultation.
FAQs
What is the statute of limitations for domestic violence in Florida?
The statute of limitations depends on the specific charge. For a first-degree misdemeanor (like domestic battery), the limit is two years. For third-degree and second-degree felonies (like battery by strangulation), the State has three years to file formal charges.
How long do you have to press charges on someone for assault in Florida?
For a simple assault (a second-degree misdemeanor), the State has exactly one year to file formal charges. If the charge is an aggravated assault (a third-degree felony), the legal window extends to three years. Keep in mind that in Florida, the State—not the victim—makes the ultimate decision to press charges.
What crimes have no statute of limitations in FL?
In Florida, there is no statute of limitations for capital felonies, life felonies, any felony that results in death (like murder or manslaughter), or certain sexual battery offenses where the identity of the accused is established through DNA evidence.
