Do you have to file a police report for domestic violence?
Do you have to file a police report for domestic violence?
Individuals do not file or press charges. Only the state, or government, that is prosecuting the case has the authority to file, or press, criminal charges against a person. However, in the domestic violence context, and when filing a police report against an individual,…
When is it too late to report domestic violence?
But in many other cases, domestic violence, assault, or abuse can go unreported for weeks, months, or even years. Victims may not feel safe enough to report domestic violence until much later. But if they wait too long, do they lose the opportunity to report domestic violence, either by filing a police report or a civil lawsuit?
How long does she have to file domestic violence charges?
The statute limiting the time to file charges for a first degree misdemeanor (simple battery) is two years. If it qualifies as felony battery the time limit is 3 years. There is no time limit, however, the older the incident gets, the less likely it is that your girlfriend has a reasonable fear of imminent harm.
What happens after you file a police report?
After you file a report with the police department, the decision to press charges is often out of your hands. The government, either a local, state or federal branch, brings charges against an individual based on your report and decides which charges will go forward.
What happens when you file a police report for domestic violence?
Filing a police report is generally the start of the criminal investigation. Seeking a lawyer may initiate the civil claim. There are other options available for the victim such as civil remedies or various types of orders. A restraining order or an order of protection may provide the means of safety legally from the aggressor.
But in many other cases, domestic violence, assault, or abuse can go unreported for weeks, months, or even years. Victims may not feel safe enough to report domestic violence until much later. But if they wait too long, do they lose the opportunity to report domestic violence, either by filing a police report or a civil lawsuit?
How long does it take to file a domestic violence lawsuit?
As with criminal charges, there are time limits to file civil domestic violence lawsuits. These can also vary depending on state. For instance, California requires injury lawsuits to be filed within two years, while Florida gives plaintiffs four years to file.
Why is it important to report domestic abuse?
Reporting abuse will allow the aggrieved party to seek aid, professional advice, and access to educational resources regarding domestic abuse. Additionally, reporting abuse will enable the individual to seek a legal remedy to their unfortunate situation.