Q: what is the statue of limitation against domestic violence charges filed in 2015 if never persued.
A:
The limitations period is two years for the most common types of assault but three years on some felonies. The statute of limitations controls how long before formal charges can NO LONGER be filed. The limitations period is irrelevant if formal charges are filed within the required time. It is also important to know that the limitations clock stops ticking if the defendant is outside the state of Texas.
If the formal charges were filed but they are just sitting there and the state is making no attempt to prosecute... in that scenario there might be a Speedy Trial issue, but the rules for Speedy Trial are completely different than the rules for limitations.
If a defendant is arrested and held to bond, but the FORMAL charges have not been filed, it is possible to get into a situation where Due Process rights are violated by the delay, even before the limitations period expires. This is especially true when there is no justification for a delay which clearly benefits the prosecution and harms the defendant. Texas has a procedure called an Examining Trial that tends to prevent this scenario.
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