How long does she have to file domestic violence charges against me if none were filed the nite of complaint?

Asked almost 4 years ago - Sun City Center, FL

I live with my girlfriend. We were drunk. We were arguing. She tripped hit her head and called 911 saying I pushed her. Cops took pics of my ripped shirt and her scratch marks on my neck and chest. Cops took me away from house releasing me to a friend to get me away from the house for the night for both to sober up. No charges were filed by her or the cops that night. How long does she have to file charges against me on this complaint?

Attorney answers (2)

  1. Eric Joseph Dirga

    Contributor Level 12

    Answered . The statute limiting the time to file charges for a first degree misdemeanor (simple battery) is two years. If it qualifies as felony battery the time limit is 3 years.

  2. Corrine Anne Bylund

    Contributor Level 7

    Answered . There is no time limit, however, the older the incident gets, the less likely it is that your girlfriend has a reasonable fear of imminent harm. In order to have her petition for injunction granted, she must prove that she has a reasonable harm of imminent danger. If she moves back in with you and files for an injunction based on this altercation the next time she gets mad at you, it isn't likely that the court will believe she has a reasonable fear.

    You should contact an attorney of your choosing immediately if you are served with a temporary injunction. Although the injunction process is designed to be friendly to pro se litigants, injunctions are very serious and the advice of a professional is well worth it.

    THIS ANSWER IS NOT FORMAL LEGAL ADVICE. It is provided for your information based on your AVVO Inquiry. Formal legal advice can be provided after consultation with an attorney. Answering your question does not create an attorney-client relationship or require further consultation.

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