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Can domestic violence case be reopened after few years. Ca.

Customer Question
Can domestic violence case...

Can domestic violence case be reopened after few years

Lawyer's Assistant: Family law varies by state. What state are you in?

Ca

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is it.

Submitted: 4 months ago.Category: Family Law
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Answered in 5 minutes by:
12/18/2017
Family Lawyer: LegalGems, Lawyer replied 4 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,569
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 4 months ago

Is this a criminal case or part of a family law proceeding?

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Customer reply replied 4 months ago
It could be criminal case
Customer reply replied 4 months ago
I just want to know in general if it's possible to reopen domestic violence case after it's been closed
Family Lawyer: LegalGems, Lawyer replied 4 months ago

Yes it is but there are statute of limitations issues. One moment please.

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Customer reply replied 4 months ago
Ok
Family Lawyer: LegalGems, Lawyer replied 4 months ago

So for example if children are involved and penal code 273.5 applies the statute of limitations is 3 years:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=273.5.

For assault and battery it is 1 year;

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=243.&lawCode=PEN

Any new act would restart the statute of limitations.

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Family Lawyer: LegalGems, Lawyer replied 4 months ago

It would be the prosecutor's decision as to whether to reopen or not.

One can also seek a protective order;

That information is here:

http://www.courts.ca.gov/selfhelp-domesticviolence.htm

and most courts have advocates that will assist with the paperwork and possibly appear in court.

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Customer reply replied 4 months ago
Thank you
Family Lawyer: LegalGems, Lawyer replied 4 months ago

You are most welcome. Thank you.

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Family Lawyer: LegalGems, Lawyer replied 4 months ago

List of domestic violence hotlines here

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Family Lawyer: LegalGems, Lawyer replied 3 months ago

Hello again; just checking in to see how things worked out;

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