Domestic Violence and Statute of Limitations

At the Orange County Law Office of David P Schwarz we will fight for your Domestic violence rights in family and criminal court. Please contact our office at 949-735-9266 for a consultation. We can also be reached via web or email at

A domestic violence attorney will explain to you the history of the statute of limitations as it was formally used in family and criminal courts throughout orange county. That is why an experienced lawyer is necessary to handle your case.

The statute of limitations is a tool used by the Court to set boundaries for when criminal or family law cases can come to court and present themselves. This protects defendents from an open ended judicial system that cannot aimlessly charge innocent people with crimes where so much time has passed that there is no more evidence available to prosecute the crime.

A domestic violence lawyer will in addition explain to you about how to make the statute of limitations issue work for you.

One major criteria a Court will look to is the age of the case that the prosecutor decides they want to bring to court. It is often called The staleness factor. A person accused of crime should be protected from having to face charges based on possibly unreliable evidence and from losing access to the evidentiary means to defend.

Another issue the family or criminal courts system will look at it is the will of the people to waste their time and resources on an old case. This is called The repose factor.

Ultimately the court will look at the the seriousness factor. This occurs when the crime like murder or mayhem must be given ample time to come to court. Therefore there usually is not end date give where a prosecutor can come to court to try their case.

At the Orange County Law Office of David P Schwarz we will educate our clients on how felony statute of limitations are viewed. Also, the simplicity of a limitations period based on seriousness provides predictability and promotes uniformity of treatment.

A domestic violence lawyer will help you understand the new law regarding statute of limitations. There have been many changes regarding when the time to come to court must happen and if there is a tolling of the time in which to come to court and try a case. These issues must be handle individually by your lawyer who will make sure the current law is used and not an outdated procedure by the Court.

The time for commencing an action is governed by the period that expires latest in time. A change in a time period for commencing prosecution applies if the prosecution was not time-barred immediately prior to the effective date of the change.

At the Orange County Law Office of David P Schwarz we can help you with all your Domestic Violence needs. Please contact us at 949-735-9266 for consultation. We can also be reached by web and email at

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