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


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.

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