What is the statute of limitations on Misdemeanor Domestic Battery in Illinois?

Asked over 4 years ago - Wheaton, IL

I was punched in the head by my wife, and there were witnesses, when is the last date that I can file charges?

Attorney answers (2)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . The general Illinois prosecutor's statute of limitations for misdemeanor domestic battery is 18 months. Remember a prosecutor has to have enough time to conduct an investigation, too, before the running of the statute.

    In some instances domestic battery can be charged as a felony, and, in that case the statute of limitations is five years.

  2. Scott Andrew Wineberg

    Contributor Level 14

    Answered . Brinkmeier is right about the statute of limitations on a misdemeanor being 18 months from the date of the incident. He is also right that in certain instances domestic battery can be a felony. However, the statute of limitations on this felony is THREE (3) years, not five.

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