Asked in Child Custody, Criminal Law and Domestic Violence for Virginia

Q: What is the statute of limitations for a non-cohabitant boyfriend assault & battery case? Could this affect our child?

About 6 months ago, My childs father allegedly threw his girlfriend (not me) across a room and choked her. She did not call the cops or file a report. He does not have a record nor has he ever shown signs of abusive behavior. And though they are no longer together they are currently sexually involved. How long before she cannot report it? What kind/type of proof would be necessary for conviction? How would a report and/or conviction affect his visitation rights with our daughter? Could a conviction result in my daughter being taken from me? Though I did not witness the event, can I defend him as a character witness? As a first time offense, would this be a misdemeanor or felony?

2 Lawyer Answers
Bryan J. Jones
Bryan J. Jones
Answered
  • Criminal Law Lawyer
  • Charlottesville, VA
  • Licensed in Virginia

A: The police would have to bring charges within one year of the incident. The type of proof necessary could be the girlfriend's statements or other witness statements or pictures of injuries.

Steve Miyares
Steve Miyares
Answered
  • Criminal Law Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: If the accusation is merely a misdemeanor assault, then the statute of limitations woild be one year from the incident. However, your description of the incident mentions him choking her. Choking/strangulation or attempting it is a felony under Virginia law. In Virginia there is no statute of limitations on feonies. Therefore, if she accuses him of chocking her, there is no limit on when she can make that claim. The more time passes before she reports it, the more difficult it would be for the Commonwealth to successfully prosecute that charge, but he could still face the charges at any time.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.