Criminal Defense Q&A: I Finally Left My Abusive Husband – Can I Still Report Him to Police for Something He Did to Me More Than A Year Ago?
Question:
I was abused in my marriage for a long time before I finally moved out. My husband threatened to harm me if I get police involved. I was scared, but I think I have decided to file police report . Plus so many incidents have happened even after I moved out: He’s forging my signature, knows all my personal info. Before he does more damage, I want to file a police report. I have a doctor’s report on the injures, audio of him cursing me because I won’t do certain things he wants me to do, pictures of the injuries, and a text message of him telling his girlfriend that he can’t wait to get read of me permanently so he can start a life with her. I moved out about a year ago, and the last beating I had was in September 2017. Am I still within the statute of limitations if I do it now even as I am scared he might really come after me?
Answer:
The September 2017 incident may be within the statute of limitations.
Domestic violence can be charged as a felony or as a misdemeanor depending on the severity of the physical abuse. Penal Code 243(e)(1), 273.5. If deemed a misdemeanor, then prosecutors have up to one year from the date of incident to file charges. If designated a felony, then charges must be filed within three years of the date of incident. Penal Code 801, 802.
So, if the September 2017 incident constituted misdemeanor conduct, then charges cannot be filed because the statute of limitations has expired. However, if the conduct was significant enough, then felony charges may still be pursued against your husband.
But only the prosecutor can determine whether there is enough evidence to pursue charges and, if so, whether those charges should be for a misdemeanor or a felony. To find out, you must submit all of your evidence — the injury report, the audio recordings, the text messages, the photos — to the police. Once they review your evidence, and possibly conduct their own follow-up investigation, they will submit their findings and recommendations to the District Attorney’s Office.
If the district attorney initiates prosecution then, when your husband is brought to court, the judge will order him to stay away from you and to not harass you. Disobeying this order, known as a criminal protective order, is a separate crime in and of itself. Penal Code 273.6.
Regarding the fraud allegations, it would be prudent to contact your bank and credit card companies and ask them to cancel your current debit and credit cards and re-issue you new ones. You can also ask them to set up additional security measures, such as text-message verification, to prevent your husband from misusing your personal information, damaging your credit, and raiding your bank accounts. Should you choose to also report this conduct to authorities, know that it, too, may constitute a crime. See, for instance, Penal Code 476.
You may also wish to consult with a Victims’ Rights Attorney. This specialized attorney can help you evaluate whether to report your situation to police; navigate the court process, if necessary; and guide you to appropriate counseling services.
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Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
