What is the statute of limitations for filing a domestic abuse case?

In Virginia, there is no time limit for filing a criminal case for domestic abuse. However, there may be a statute of limitations for filing a civil lawsuit. A statute of limitations is a deadline for filing a legal action such as a civil lawsuit. The Virginia Code Section 8.01-243 is the statutory law that sets the statute of limitations for filing a civil action for domestic abuse. According to the code, a complaint for civil damages due to domestic abuse must be filed within two years from the date of the abuse. The two-year period for filing civil damages is shortened if the defendant is no longer in the state of Virginia, or if the victim is deceased. In these cases, the statute of limitations is shortened to one year from the date of the abuse. If the victim is a minor who has not reached the age of eighteen by the date of the abuse, the statute of limitation is extended until two years after the victim reaches eighteen years of age or until five years after the abuse, whichever is sooner. It is important to note that these statutes of limitation do not apply to criminal cases. This means that criminal cases can be filed for domestic abuse regardless of when the abuse occurred. Overall, the statute of limitations for filing a civil action for domestic abuse in Virginia is two years, unless the defendant leaves the state, the victim is deceased, or the victim is a minor. In those cases, the deadline may be shortened to one year or extended to five years after the victim’s eighteenth birthday.

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