Can a domestic violence case be re-opened after it’s been dismissed?

The case is from 3 years ago.

Asked on July 3, 2014 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The answer is "maybe":

1) If the case was dismissed voluntarily by the prosecution, or by the judge due to a procedural problem, rather than a finding on merits, then the case could be re-opened as long as it's within the statute of limitations. If it was dismissed on the merits, it should be over.

2) The statute of limitations for domestic violence in your state is 3 years, so depending on the exact timing, there may or may not still be time to re-open the case.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.