What is the Statute of Limitation on Domestic Violence in New Jersey?
Typically, a victim makes a complaint shortly after the alleged act of domestic violence and frequently asks for a restraining order to be placed against the alleged offender. Under N.J.S.A. 2C:1-6, which explains New Jersey’s statute of limitations for domestic abuse and other criminal offenses, they will only have five years to make their complaint if delayed. The statute defines which offenses have no time limits for prosecution and specifies the various deadlines for filing actions for adults and minors.
For offenses not listed explicitly as being prosecutable at any time, the state must do so within five years of the offense’s commission and one year after an offense involving a disorderly or petty disorderly person. Seven years are the statute of limitations for other offenses.
What is the Statute of Limitation?
A statute of limitations is a legal deadline for making claims that specifies the period you must do so. Although they are more frequent in civil cases, statutes of limitations also apply to some criminal offenses in New Jersey.
For instance, you can initiate a lawsuit for financial compensation if someone else’s reckless driving causes harm. However, you have a deadline to file your lawsuit to maintain your right to compensation.
Criminal Statute of Limitation in New Jersey
Some crimes are exempt from the statute of limitations under New Jersey law. For instance, no statute of limitations exists for murder or sexual assault. However, there are time limits for filing legal charges for specific crimes and disorderly person offenses. Typically, a criminal prosecution begins when the state pursues a formal accusation against someone. The Superior Court requires a formal accusation before a trial can be held in cases involving indictable offenses like severe assault and terroristic threats.
How Long is the Statute of Limitation on Domestic Violence in New Jersey
The statute of limitations for domestic abuse in New Jersey is five years, and it can be prosecuted as a criminal or civil matter. Unless the accused departs or is otherwise unavailable to be prosecuted, the law prohibits proceedings after the deadline (N.J.S.A. 2C:1-6(f)). If that occurs, the statute of limitations tolls, meaning the deadline is postponed until a new event causes it to reopen. As a result, the statute of limitations does not begin to run in the instance of a victim of a crime under 18.
In conclusion, you should hire an experienced New Jersey domestic violence defense lawyer to help you contest the issuing of a final restraining order since judges frequently issue restraining orders to prevent domestic violence defendants from contacting the plaintiff.