The Massachusetts statute of limitations for domestic violence is not a single number. Because the state has no standalone “domestic violence” crime, the deadline tracks whichever underlying offense is charged: six years for most assaults, 15 years for rape and related sexual offenses, and no limit at all for murder. On the civil side, a lawsuit for damages generally has to be filed within three years, with a much longer window for child sexual abuse. Which tier applies to you depends on what the conduct is charged as, not on the label “domestic violence.”
Why the Deadline Depends on the Charge
Massachusetts prosecutes domestic violence through ordinary criminal statutes. The term describes the relationship between the people involved; the charges that actually get filed are things like assault and battery, strangulation, stalking, or rape. The domestic context affects sentencing, not the prosecution window. So the same incident can carry two different deadlines at once. A shove during an argument might be charged as assault and battery under a six-year clock. A sexual assault during the same incident falls under a 15-year clock. Each deadline runs on its own.
That is why the first question is always: what is the specific charge? The answer to that question tells you which number below applies.
Six Years for Most Charges
Under Massachusetts General Laws Chapter 277, Section 63, any crime without its own specific deadline must be charged within six years of when it occurred.1Justia. Massachusetts Code 277-63 – Limitations of Criminal Prosecutions; General Provisions This default covers most of the charges that show up in domestic violence cases:
- Assault and battery, a first offense under M.G.L. c. 265, § 13A, punishable by up to two and a half years in a house of correction or a $1,000 fine.2General Court of Massachusetts. Massachusetts Code Chapter 265 Section 13A – Assault or Assault and Battery; Punishment
- Assault and battery on a family or household member under M.G.L. c. 265, § 13M, where a second or subsequent offense raises the maximum to five years in state prison.3General Court of Massachusetts. Massachusetts Code Chapter 265 Section 13M – Assault and Battery on a Family or Household Member
- Assault and battery with a dangerous weapon under M.G.L. c. 265, § 15A.4General Court of Massachusetts. Massachusetts General Laws Chapter 265 Section 15A – Assault and Battery With Dangerous Weapon
- Strangulation or suffocation under M.G.L. c. 265, § 15D.5General Court of Massachusetts. Massachusetts General Laws Chapter 265 – Crimes Against the Person
- Stalking under M.G.L. c. 265, § 43, which carries up to five years in state prison for a first offense and mandatory minimums for repeat offenders or anyone who stalks in violation of a protective order.6General Court of Massachusetts. Massachusetts General Laws Chapter 265 Section 43 – Stalking
- Violation of an abuse prevention order under M.G.L. c. 209A, which is itself a separate crime.
If prosecutors do not secure an indictment on one of these charges within six years, the case is time-barred no matter how strong the evidence.
Fifteen Years for Sexual Offenses
Section 63 gives prosecutors a 15-year window for rape and closely related offenses, including rape (M.G.L. c. 265, § 22), rape of a child (§ 22A), rape and abuse of a child (§ 23), assault with intent to commit rape (§ 24), and assault of a child with intent to commit rape (§ 24B).1Justia. Massachusetts Code 277-63 – Limitations of Criminal Prosecutions; General Provisions If a domestic violence incident involved sexual assault, the prosecution window is more than double the default.
As of early 2026, Governor Healey has proposed eliminating the statute of limitations entirely for rape cases where DNA evidence identifies a suspect. That proposal has not been enacted.
No Limit for Murder
There is no statute of limitations for murder in Massachusetts. An indictment can be brought at any time after the victim’s death.1Justia. Massachusetts Code 277-63 – Limitations of Criminal Prosecutions; General Provisions A domestic violence case that ends in homicide can be prosecuted decades later.
When the Clock Pauses
Two tolling rules can extend any of the deadlines above.
The Defendant Is Out of State
Any period during which the accused is not “usually and publicly a resident” of Massachusetts does not count toward the limitations period.1Justia. Massachusetts Code 277-63 – Limitations of Criminal Prosecutions; General Provisions Someone who commits an assault in Boston and then spends three years living in another state effectively has a nine-year window instead of six. The clock resumes only if the person returns.
The Victim Was a Child
For a long list of offenses against children, including indecent assault, rape, and various exploitation charges, the clock does not start running until the victim turns 16 or reports the crime to law enforcement, whichever happens first.1Justia. Massachusetts Code 277-63 – Limitations of Criminal Prosecutions; General Provisions In households where a child is the victim, this can extend the prosecution window by many years.
Three Years for a Civil Lawsuit
A criminal prosecution and a civil lawsuit for money damages run on separate tracks with separate deadlines. Under Massachusetts General Laws Chapter 260, Section 2A, tort claims and personal injury actions must be filed within three years of when the cause of action accrues.7General Court of Massachusetts. Massachusetts Code Chapter 260 Section 2A – Tort, Contract to Recover for Personal Injuries, and Replevin Actions That covers the civil claims that typically grow out of domestic violence: assault, battery, and intentional infliction of emotional distress. The three-year clock usually starts on the date of the incident.
Massachusetts courts also recognize a discovery rule, which delays the start of the clock until the injured person discovers, or reasonably should have discovered, the harm. The rule requires reasonable diligence; it does not help someone who ignored obvious signs of injury.
Thirty-Five Years for Child Sexual Abuse
Civil claims for sexual abuse of a minor get a much longer window. Under M.G.L. c. 260, § 4C, a survivor can file suit within 35 years of the abuse, or within seven years of knowing or reasonably knowing that the abuse caused emotional or psychological harm, whichever gives more time. The clock does not begin until the child turns 18.8General Court of Massachusetts. Massachusetts General Laws Chapter 260 Section 4C – Statute of Limitations for Sexual Abuse of Minors
Restraining Orders Have No Deadline
A 209A abuse prevention order, commonly called a restraining order, is neither a lawsuit nor a criminal charge. It is a request for forward-looking court protection based on a current fear of harm, and no statute of limitations applies. A person facing abuse or threatened abuse by a family or household member can petition for a 209A order at any time, regardless of how long ago the most recent incident occurred. The question the court asks is whether the petitioner faces a present danger.
The Federal Firearm Ban Never Expires
One federal consequence sits outside every Massachusetts deadline and catches people off guard. Under 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence is permanently barred from possessing firearms or ammunition.9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The ban is a federal felony with no expiration date. It applies for life, even for a simple assault and battery conviction, as long as the offense involved a family or household member.