Q: How long does a person have to file for domestic violence?
A co-worker of mine had informed me that her son is physically and mentally abusing her at home. She had also informed me that he is on drugs as well. She is in he 60’s. She said she has no privacy as he goes through her personal belongings ie. Her phone and mail. She called the police a day after the most recent time and they told her that there was nothing she can do because of how long she waited to call. She had said the he will pin her up on a wall and choke her. What can be done to solve this issue so she does not have to live in fear every day?
A: She should report the situation to Adult Protective Services, block her phone, kick him out, put on locks and a no trespassing sign. She should seek a Temporary Restraining Order, followed by a Temporary and then a Permanent Injunction against him coming within a certain distance of her.
Tammy L. Wincott agrees with this answer
A: I was going to suggest APS - Adult Protective Services as well for reporting elderly abuse.
A:
She could contact the District Attorney's office and ask for help filing a Family Violence Protective Order based on the strangulation accusation. There is no statute of limitations for a Protective Order, and the burden of proof is much lower than in a criminal case. Her testimony alone is probably enough.
The limitations period on a strangulation assault of a family member is 3 years but that is the absolute latest a criminal indictment can be filed. It is not unusual for the police to not be interested if it has been more than a few weeks. They care more about helping people in current danger and they can be wary of being used as a tool to settle some personal grievance or grudge.
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