What is the statute of limitations on assault?

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What is the statute of limitations on assault?

3 years ago a friend of mine hit her boyfriend while intoxicated resulting in him getting stitches. A police report was filed but assault charges were not. They continued dating and earlier this year they broke up. Now, out of the blue, he is harassing her via phone call and text message about it saying that he’s going to press charges on her. And as of last night threatened her and said that if she didn’t have sex with him then he was was going to file them. I see it as harassment and an attempt at blackmail and told her to have a restraining order put against him. What would your advice be from the legal view?

Asked on August 30, 2010 under Criminal Law, Texas

Answers:

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

Answered 10 years ago | Contributor

The criminal statute of limitations for a misdemeanor assault appears to be two years in Texas.  A felony assault would be longer, but it appears to be three years. Is he threatening to press charges or sue her in a personal injury case?  The PI statute of limitations also appears to be two years.  Whether or not his actions amount to what is necessary to file a restraining order - or a protective order as it is also known - depends but she should certainly apply for a temporary order if he continues to threaten her. This would be done in a civil court.  But she should speak with a criminal attorney about his actions as well.  Good luck.


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