What is the statute of limitations for filing a domestic abuse case?
The statute of limitations for filing a domestic abuse case in South Carolina is two years. This means that if someone reports a domestic abuse incident, they have two years from the date of the incident to legally take action. In some cases, the two-year period may be extended. For example, if the victim is a minor or if the abuser left the state, the victim may have more time to take action. It is important to note that if the abuser is accused of a felony, such as false imprisonment or attempted murder, the victim may have up to five years to file a case. Additionally, even if the time of the abuse is outside the two-year statute of limitations, the abuser may still be held liable if they have acted maliciously or recklessly. If a domestic abuse case has gone to trial, the victim may be able to obtain a civil judgment. A civil judgment is an order by a court that requires the abuser to pay damages to the victim. It is important to know that civil judgments are separate from criminal punishments, and they can be issued in addition to any criminal punishments the abuser may receive. In short, if someone has been a victim of domestic abuse in South Carolina, they have two years from the date of the incident to take action. In certain cases, the time period may be extended. After the two-year period, the victim may still be able to obtain a civil judgment in order to receive damages from the abuser.
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