How Long Do Domestic Violence Cases Stay Open in Texas?
The timeline for domestic violence cases in Texas varies. One important factor is whether the charges involved are misdemeanors or felonies. The complexity of the situation, court schedules, and quality of legal representation with a domestic violence defense attorney in Houston all contribute to the timeline. Some cases resolve quickly, even within a few weeks, while others can take months or years.
Seriousness of the Charges
Domestic violence is often called “family violence” in Texas. The Texas Family Code, Chapter 22 defines family violence crimes. Essentially, any violent act or threat perpetrated against a family or household member counts as family violence.
Depending on the type of violence perpetrated, the alleged offender’s history, and other factors, domestic violence can be considered a misdemeanor or felony. Texas imposes legal deadlines, called statutes of limitations, for filing family violence charges. The length of those deadlines can affect how long a case stays open.
The statute of limitations for misdemeanors is 3 years from the date of the incident, per House Bill (HB). For felony offenses, there is a 5 year deadline. Previous deadlines were 2 years and 3 years for misdemeanors and felonies, respectively.
Tolling the Statute of Limitations
A statute of limitations can be “tolled” or extended under some circumstances. This tolling extends the deadline for starting the case and, as a result, extends the time a case can stay “open.”
For example, if the alleged victim is a minor, the deadline for filing may be tolled until they reach age 18. If the accused leaves the state, the duration of their absence does not count toward the filing deadline.
Case Complexity
Some family violence cases are more straightforward than others, and this largely depends on the strength of the evidence each side holds. If the prosecution has powerful evidence, it could make more sense to work out a plea deal as swiftly as possible.
Conversely, the prosecution’s evidence may be weak. The defense may have ample evidence to defend against the domestic violence, and the strength of that evidence may warrant having the charges dropped and the case dismissed.
More complicated cases require more investigation, and investigations can take time. Witnesses may be difficult to track down or fail to attend scheduled meetings. Even victims and defendants themselves affect the process through their cooperation or lack of it.
Court Schedules
A domestic violence case starts when a person reports the incident to law enforcement. Law enforcement investigates and gathers evidence. If there is enough evidence, police arrest the alleged offender. Then, the prosecution determines whether to press charges, but must do so within the statute of limitations.
Then, the case goes to court through a series of proceedings. Court delays are not uncommon and affect how long cases stay open. Often, courts experience a backlog of cases, slowing down resolutions. Sometimes, a judge’s schedule changes and delays the case’s progress.
Legal Experience
Experienced Houston domestic violence defense lawyers know how to move through the legal system. They know how to carry out investigations and build defenses, and they know what to expect from prosecutors. They are not figuring things out as they go along or sidetracked by prosecutorial surprise maneuvers, and can take cases through the process as efficiently as possible.