Rogers, AR asked in Domestic Violence for Arkansas

Q: When det. interview me I said I didn't remember, so my ex wldnt get trble.Can I go bk 2 yrs later and re file charges ?

He was arrested at time but I didn't want him in trouble cause I was scared of him. Now I'm free and in therapy. Can I refile now that I'm strong enough to admit what he did?

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2 Lawyer Answers
Stewart Whaley
Stewart Whaley
Answered
  • Criminal Law Lawyer
  • North Little Rock, AR
  • Licensed in Arkansas

A: It depends on the alleged crime (see link at bottom).

The statute of limitations for misdemeanors is 1 year, so those are out.

If a felony, the time limit could be 3 years or unlimited.

See: https://law.justia.com/codes/arkansas/2017/title-5/subtitle-1/chapter-1/section-5-1-109/

James E Hensley Jr
James E Hensley Jr
Answered
  • Domestic Violence Lawyer
  • Conway, AR
  • Licensed in Arkansas

A: Domestic Battery III has a one year statute of limitations so you probably can't go back two years. If the injury was bad enough, it could be a felony. Still, this is the paradox of domestic battery. The victim is unable to prosecute their abuser. I'm glad you are strong now though. Good for you. Teach others how to get out of bad relationships or better yet, avoid them altogether.

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