What is the statute of limitations on assault?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the statute of limitations on assault?
3 years ago a friend of mine hit her boyfriend while intoxicated resulting in him getting stitches. A police report was filed but assault charges were not. They continued dating and earlier this year they broke up. Now, out of the blue, he is harassing her via phone call and text message about it saying that he’s going to press charges on her. And as of last night threatened her and said that if she didn’t have sex with him then he was was going to file them. I see it as harassment and an attempt at blackmail and told her to have a restraining order put against him. What would your advice be from the legal view?
Asked on August 30, 2010 under Criminal Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The criminal statute of limitations for a misdemeanor assault appears to be two years in Texas. A felony assault would be longer, but it appears to be three years. Is he threatening to press charges or sue her in a personal injury case? The PI statute of limitations also appears to be two years. Whether or not his actions amount to what is necessary to file a restraining order - or a protective order as it is also known - depends but she should certainly apply for a temporary order if he continues to threaten her. This would be done in a civil court. But she should speak with a criminal attorney about his actions as well. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.