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?
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.
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.
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