Can I press charge for past domestic assault

Disclaimer 1: I work in the domestic violence unit of my local DA's office. Disclaimer 2: None of this is legal advice. Legal advice is something you pay for.
Disclaimer 3: Laws may (will) vary in your state.


The immediate thing I noticed in your post is the phrase "years after they happened." A statute of limitations may or may not have run. A statute of limitations basically says that the State must bring charges within X amount of time of the crime. In my state, for domestic assault (a misdemeanor), that statute of limitations is 12 months. Your state may vary. Note that, in general, each individual incident where he assaulted you can constitute a separate count (charge). So, it is possible that -- depending on the laws of your state -- he may be charged for some of the assaults but not others. Also note that certain conduct may arise to the level of aggravated assault (typically a felony) rather than domestic assault (typically a misdemeanor). In my state, the use or threatened use of a weapon -- whether purpose-built or improvised --, choking/strangulation, and subsequent assaults after a protective order is served are all common ways that an "ordinary" domestic assault becomes aggravated assault. I mention this because most states have different statutes of limitations for different types of crimes. I mentioned earlier that the statute of limitations is 12 months for domestic assault in my state. Most of the aggravated assaults I deal with fall within a classification that has a statute of limitations of four years.

That may be bad news for you. But, if this is something you are seriously considering, I'd be remiss not to mention it.

What I would suggest you do is contact your local police department. Especially if you live in a larger area, it is likely that they have a unit devoted to domestic violence crimes. They are the ones who will be able to tell you definitively what can be done with regards to arresting him. They may have additional resources available for you, such as counseling and shelters should you choose to take advantage of them.

Here's how a typical DV case works: 1) the abuser is arrested. They are arraigned (first appearance in court) within about 48 hours, usually sooner. They are provided with the opportunity to make bond. They will be informed of bond conditions which take effect once they've been given notice. Those bond conditions generally involve a no-contact order as well as (obviously) an order not to harm or threaten the victim. You do not have to be in court for this. 2) The defendant will obtain the services of an attorney or have one appointed for them. Their attorney will consult with the client in order to determine their side of the story and develop a strategy. They may begin to negotiate with somebody like me for a plea/dismissal deal.
3) If the defendant decides not to enter a plea or go for a dismissal deal (or if none is offered), they will usually assert their right to a preliminary hearing. A preliminary hearing is kind of like the preview to a movie: it's showing just enough to tell the judge that the case has enough merit to continue. The defendant has an absolute right to this hearing, and only they can waive it. Here is usually where the wheels fall off. Because domestic violence is often a private crime -- meaning, the only witnesses are the victim and the defendant -- the victim's testimony is almost always going to be required by this point. As a prosecutor, I need somebody who can say that "A (intentionally or recklessly) assaulted B in (my jurisdiction) and caused them injury." Usually, the only person who can testify to that is the victim. The police, for example, cannot restate what you may tell them or otherwise testify in your place. If the victim does not show up for this hearing, what usually follows is a motion from the defense called a "dismissal for lack of prosecution." Basically, if we can't show probable cause at the hearing (and we generally cannot without a victim's testimony), the case gets dismissed. I would estimate that 80% of my cases that make it to the preliminary hearing stage get DLOP'd. Maybe 5% actually go forward with the hearing, whereas the others are resolved through other means. Why does this happen? Victims cannot be found or do not show up (happens for a variety of reasons). Why am I telling you this? If you are serious about this, you need to understand that at some point you will have to testify in court because the State's case is almost completely dependent on your testimony. If it gets to this point, I strongly suggest that you keep in touch with your prosecutor's office (most have victim/witness coordinators whose entire job is to assist you and help you through this process).
4) If probable cause is established, pre-trial begins. You'll likely be called into the prosecutor's office for further details on what happened, or at least contacted by phone. It's important that you stay involved here. The case's outcome depends on it. You should also understand that this part will take a couple of months at a minimum. The wheels of justice turn very, very (very) slowly. In a busier jurisdiction (like mine), you can expect quite a bit of a wait.
5) The case is set for trial. If the defendant decides not to plead guilty (which he or she may do at any point prior to a guilty verdict), this is your second time to testify. Once again, if you're serious about this, you need to show up to court.

I'm not telling you all of this to try to scare you away from the process. Quite the contrary, it's so you'll understand what you're walking into, and also to help you understand what needs to be done if you want this case to succeed. Most of the victims I work with are unfamiliar with the criminal justice system and thus they don't really understand what they're walking into. Frankly, it's not easy to get up in front of twelve strangers with driver's licenses and talk about some very personal, often traumatizing stuff.

So, cliff's notes: - You may run into a statute of limitations. If you have, there's no way to bring charges. - The local police department will have the best information for you regarding filing a report. They may also have information on local resources available to you.
- If this does go forward, it's very important that you stay in the loop with the prosecutors and show up to court when required.

/r/domesticviolence Thread