The statute of limitations on domestic violence in Georgia is 2 years for misdemeanors, 4 years for felonies, and 7 years if the victim was under 18. Read on for a full breakdown of how these limits apply to your case. Content warning: This blog post discusses violent and sexual crimes, including those committed against children.
Are you facing domestic violence charges in Georgia years after an alleged incident? The state has strict time limits on when charges can be filed, and if those limits have passed, the case against you may not hold up in court.
At Frye Law Group, our domestic violence defense attorneys have seen prosecutors push the boundaries of these limits. Ultimately, here is what we want all our clients to know.
What Is a Statute of Limitations?
A “statute of limitations” is a state law that sets a time limit on when a crime can be prosecuted. If enough time passes after the crime occurs, the prosecution can no longer charge the accused, regardless of the evidence.
In Georgia, a number of different crimes can fall under “domestic violence,” and the punishments are usually more severe than for similar crimes that don’t involve family members.
How Georgia’s Statute of Limitations Works for Domestic Violence Charges
In Georgia, the time limit on criminal domestic violence charges depends on whether the offense is classified as a misdemeanor or a felony. Under O.C.G.A. § 16-5-23.1, family violence battery is classified as a misdemeanor if it’s your first offense.
The exception is if you have a prior conviction for a forcible felony committed between household members under Georgia law, federal law, another U.S. state’s law, or a recognized foreign nation’s law. In that case even a first offense is charged as a felony. If it’s your second or subsequent offense, it is a felony regardless of prior history.
From there, O.C.G.A. § 17-3-1 determines how long the prosecution has to bring charges against you. This is how it works:
- Misdemeanor domestic violence offenses must be charged within 2 years
- Felony domestic violence offenses must be charged within 4 years
- If the victim was under 18 at the time of the offense, the limit extends to 7 years
If the crime wasn’t reported, the identity of the accused was unknown, or the accused was living outside Georgia, the statute of limitations may be “tolled,” meaning paused, until those conditions change.
Crimes That Fall Under Domestic Violence
Domestic violence charges aren’t limited to family battery. Under O.C.G.A. § 19-13-1, Georgia’s legal definition of family violence also covers the following offenses (each of them carries its own statute of limitations):
- Assault: simple assault is a misdemeanor, which gives the prosecution 2 years to file charges. If the charge is elevated to aggravated assault, it becomes a felony, extending that window to 4 years.
- Stalking: a first offense is a misdemeanor (2 years). A second or subsequent conviction is a felony (4 years). Aggravated stalking, which involves violating a protective order and any other court-imposed condition prohibiting contact or harassment, is always a felony (4 years).
- Criminal damage to property: the statute of limitations here depends on the value of the damage. Damage that do not exceed $500 is criminal trespass, a misdemeanor (2 years). The charge becomes criminal damage to property in the second degree, a felony carrying a 4-year window, if the damage intentionally exceeds $500 or if it was caused recklessly or intentionally by fire, explosives, or fireworks (regardless of dollar amount).
What Happens If the Statute of Limitations Has Expired?
An expired statute of limitations doesn’t automatically stop a prosecution. Your attorney has to raise it. If a defendant argues that the time limit has passed, the burden then shifts to the state to prove that the charges were filed within the allowable window. If the prosecution can’t meet that burden, the judge must dismiss the charges.
This is why it’s critical to have an experienced defense attorney review the timeline of your case as early as possible. Prosecutors don’t always file within the limits, and they don’t always volunteer that information, and a missed deadline can be the difference between your case getting dismissed and a conviction.
What to Do If You’ve Been Accused of Domestic Violence
Domestic violence is a serious issue, but so is protecting the rights of the accused. If you’ve been wrongfully accused of domestic violence in Georgia, or if you worry that the court is ignoring the laws in place to protect your rights, the Frye Law Group can help. Call us at 770-919-9525 or schedule a free case evaluation now.
Frequently Asked Questions About the Statute of Limitations on Domestic Violence in Georgia
1. What is the statute of limitations on domestic violence in Georgia?
In Georgia, the statute of limitations on domestic violence is 2 years for misdemeanors, 4 years for felonies, and 7 years if the victim was under 18 at the time of the offense. Our domestic violence defense attorneys can review which time limit applies to your case.
2. Is family battery a misdemeanor or a felony in Georgia?
Under O.C.G.A. § 16-5-23.1, a first conviction for family violence battery is a misdemeanor (2-year statute of limitations), and a second or subsequent conviction is a felony (4 years), even if the second offense involves a different household member.
3. What other crimes fall under domestic violence in Georgia?
Under O.C.G.A. § 19-13-1, Georgia’s definition of family violence includes simple assault, stalking, criminal damage to property, unlawful restraint, and criminal trespass, each with its own statute of limitations. Contact our team if you’re unsure which charge applies to your situation.
4. What does “tolling” the statute of limitations mean in Georgia?
Tolling means the statute of limitations clock is paused. In Georgia, it doesn’t start if the crime wasn’t reported, the accused’s identity was unknown, or the accused was living outside the state. This means that charges may still be possible many years after an incident. Speak with our defense team as soon as possible to ensure you get all the protection owed to you by law.
5. Can domestic violence charges be dismissed because the statute of limitations has expired?
Yes, but it doesn’t happen automatically. You must raise it as a defense, at which point the burden shifts to the state to prove the charges filed against you were done so in time. If the prosecution isn’t able to prove it, the judge must dismiss the charges.
6. What should I do if I’ve been charged with domestic violence years after an alleged incident?
Contact a criminal defense attorney immediately. Prosecutors don’t always volunteer that a filing deadline has passed, and the statute of limitations could be one of your strongest defenses. Attorney Kim Frye is a former prosecutor with over 30 years of experience defending clients across Marietta and surrounding Georgia counties. Schedule a free consultation today.