What is the statute of limitations for filing a domestic abuse case?
In West Virginia, the statute of limitations for filing a domestic abuse case is two years from when the incident in question occurred. This means that a person who has experienced domestic abuse must file a court case within two years of the incident in order for the case to be valid. After this two-year period, a case can no longer be brought to court. If the abuse involved a minor—meaning a person under the age of 18—the statute of limitations is extended to five years from the time the person turns 18. This means a person may have up to five years from their 18th birthday to file a case if they experienced abuse as a minor. In addition, the statute of limitations is suspended for any period of time in which the abuser is out of state or otherwise unavailable to be served with the court papers. This means that if the abuser is out of state for an extended period of time, a person may still bring a domestic abuse case to court even if the two-year or five-year period has passed. If you or someone you know has experienced domestic abuse and would like to file a court case, it is important to understand your rights and the statute of limitations so that you can act quickly. Legal help is available, and if you have questions, you should seek advice from an attorney.
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