The statute of limitations for domestic violence in California is five years from the date of the incident, and that same five-year deadline applies whether prosecutors file the case as a misdemeanor or a felony. Survivors who want to sue for money damages work under a different, shorter clock: three years in civil court. A handful of severe offenses carry no deadline at all.
The Five-Year Criminal Deadline
Before 2020, California treated domestic violence like any other crime for filing-deadline purposes: one year for misdemeanors and three years for most felonies punishable by state prison time.1California Legislative Information. California Code PEN 802 – Statute of Limitations for Misdemeanors SB 273, which took effect January 1, 2020, replaced that patchwork with a single five-year window for all domestic violence offenses, regardless of charging level.
The change reflects how these cases actually unfold. Survivors often need months or years to leave a dangerous household, build a support network, or feel safe enough to contact police. Under the old one-year misdemeanor rule, a delayed report could kill a case before it started. Five years gives prosecutors meaningful room to build a case when victims don’t come forward right away.
If the prosecution doesn’t file charges within five years, the case is generally barred. Defense attorneys routinely raise the deadline as grounds for dismissal, and courts enforce it.
One wrinkle matters for the common felony charge under Penal Code 273.5 (willful infliction of corporal injury). That statute is a “wobbler,” meaning prosecutors can file it as a felony or a misdemeanor. Under Penal Code 805, the statute of limitations turns on the maximum punishment the offense carries, not on what the prosecutor actually seeks.2California Legislative Information. California Code PEN 805 – Limitation of Time Based on Maximum Punishment Because 273.5 can be punished by state prison time, the five-year deadline applies even if the case is ultimately charged as a misdemeanor.
When the Clock Starts
The five years begin on the date the offense was committed, not the date the victim reports it or the date police make an arrest. For domestic violence, that is typically the date of the physical altercation itself. Medical records, 911 call logs, and police reports help pin down that date when it is disputed.
California recognizes a discovery rule for some crimes, which delays the start date until the offense is discovered or reasonably should have been discovered. It rarely changes anything in domestic violence cases. The harm from physical violence is immediately apparent to the person who suffered it, so the clock starts that day.
What Pauses the Clock
The five-year clock does not always run continuously. Under Penal Code 803(d), any time the defendant spends outside California after the offense does not count toward the statute of limitations, up to a maximum of three additional years.3California Legislative Information. California Code PEN 803 – Time of Commencing Criminal Actions The clock stops when the person crosses the state line and restarts when they return.
The practical effect is that a defendant cannot run out the clock by relocating. Someone who leaves California the day after an incident and stays away for two years effectively extends the deadline by those two years. Prosecutors use travel records, lease agreements, and similar documentation to establish how long a defendant was absent.
Offenses With No Deadline
Some domestic violence conduct is severe enough that no filing deadline applies. Under Penal Code 799, offenses punishable by death or life imprisonment can be prosecuted at any time.4California Legislative Information. California Code PEN 799 – No Limitation of Time If a domestic violence incident results in murder or attempted murder, there is no deadline for the prosecution.
Certain sex offenses committed in a domestic violence context also carry no time limit. Since January 1, 2017, California has allowed prosecution of rape, sodomy, oral copulation, sexual penetration, and other specified sex crimes at any time, regardless of when they occurred.4California Legislative Information. California Code PEN 799 – No Limitation of Time When domestic violence involves sexual assault, the criminal system remains available indefinitely.
The Three-Year Civil Deadline
Criminal prosecution is not the only route. A survivor can file a civil lawsuit for monetary damages, and that timeline runs separately from the criminal one. Under Code of Civil Procedure 340.15, a domestic violence civil action must be filed within three years, measured from whichever of these dates is later: three years from the last act of domestic violence, or three years from the date the plaintiff discovers (or reasonably should have discovered) that an injury or illness resulted from the abuse.5California Legislative Information. California Code CCP 340.15 – Civil Action for Domestic Violence
The “last act” language matters in cases involving ongoing abuse. Where a pattern of violence continues over several years, the three-year clock does not start until the final incident. The discovery provision helps survivors who may not immediately connect a medical condition — chronic pain, PTSD, or traumatic brain injury symptoms — to the abuse that caused it.
A civil case operates independently from any criminal case. Prosecutors can decline to file charges, or the criminal statute of limitations can expire, and the survivor can still pursue civil damages within the three-year window. The burden of proof is also lower in civil court: a preponderance of the evidence rather than beyond a reasonable doubt.
Restraining Orders Are Not on the Same Clock
A domestic violence restraining order (DVRO) is not subject to a statute of limitations in the same way. A survivor does not need a recent incident to request one, though recent events strengthen the petition. A judge can grant temporary protection the same day paperwork is filed, before the other party is notified, and after a hearing the court may issue a long-term order lasting up to five years.6California Courts Self-Help. The Restraining Order Process for Domestic Violence Cases A DVRO is a civil order, separate from criminal charges, and it remains available even after the criminal or civil deadlines have run.