If my wife assaulted me over a year ago, is it too late to file charges?

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If my wife assaulted me over a year ago, is it too late to file charges?

About 14 months ago, I was physically assaulted by my wife; as I was going in the room and she slammed my head against the door. This caused my ear to bleed for days. Multiple co-workers saw my injury but I played it off as if something else had happened. If it’s not too late, how will this affect my spousal support payments if she is given any?

Asked on December 4, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, it is my understanding that the statute of limitations for assault and battery in the state of California is two years. See Cal. Civ. Proc. Code § 335.1.  You are going to run in to a problem here as to why you covered it up and it could be a credibility issue for filing and in the divorce.  You could have been embarrassed or there could be some other reasons that you did not wish to come forward prior to help explain things but I think that you should speak with an attorney in your area to best understand the situation.  Good luck.


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