How Long Do You Have to Report Domestic Violence?

The statute of limitations for domestic violence differs based on the type of abuse, the state where it occurred, and other circumstances.

In practice, you can file a police report at any point. However, there may be a deadline — a “statute of limitations” — that affects whether you can pursue legal action in criminal or civil court for domestic violence.

The time limit can range from around six months to several years, depending on how the incident is classified.

For certain categories of abuse, no statute of limitations exists. That means a person can be prosecuted for that crime at any time after it occurred.

Similarly, civil claims have their own statutes of limitations, so you may not be able to sue an abuser many years after the incident.

If the statute of limitations has run out, you can still report the incident to police, but state prosecutors won’t be able to file criminal charges.

Several factors determine the deadline

Each state sets its own statutes of limitations for violent acts. The applicable time limit also depends on:

• The kind of abuse: Different types of domestic violence often carry distinct limitation periods. For instance, numerous states — such as Idaho, Kansas, and New York — have removed the statute of limitations for rape.
• How the crime is classified: Some acts of domestic violence are felonies, while others are misdemeanors. Felonies generally have longer limitation periods than misdemeanors.
• The victim’s age: Offenses against minors, particularly those involving sexual abuse, neglect, or severe harm, frequently allow for extended reporting windows.
• Whether the suspect is in the state: If a suspect flees, hides, or is otherwise absent, the statute of limitations may be tolled — or paused — and only resume when they return. This prevents evasion of accountability by leaving the jurisdiction.

Figuring out the applicable statute of limitations in your state can be confusing. Legal professionals can provide advice tailored to your circumstances.

Some legal groups offer free or reduced-cost counsel to survivors of domestic violence.

Reporting to the police

You may file a police report immediately after an incident or years later. Reporting domestic violence to law enforcement is possible even after the statute of limitations has expired, but prosecutors will be unable to pursue criminal charges against the offender.

Filing a police report can still be valuable even if the limitation period has passed. A formal report creates an official record of the abuse, which could be helpful if the perpetrator offends again.

It’s important to understand that submitting a police report is not the same as “pressing charges,” though people often use those phrases interchangeably.

Contrary to a common misconception, survivors do not “press charges” themselves — they report crimes; prosecutors make the decision to bring charges.

You don’t have to report domestic violence to law enforcement to obtain a protective or restraining order. However, if you want the abuser criminally prosecuted, the abuse must be reported by you or someone else.

Obtaining a protection order in civil court

Terms like “restraining order,” “protective order,” and “protection from abuse (PFA)” are often used interchangeably, but they refer to different court filings and types of protection. You may seek multiple orders at the same time.

These orders are intended to keep you safe from further harm. Violating a restraining order can result in arrest and criminal charges.

Generally, it’s not “too late” to request a protection order — you can apply for a restraining or protective order at any time.

Applications for these orders can be made in family court, through an attorney, and sometimes through domestic violence shelters or police departments that assist with filings.

Applying for a protection order typically involves no fee.

Pursuing civil or criminal actions

Because particular types of abuse constitute crimes, domestic abusers can face criminal prosecution. It’s also possible to pursue civil litigation against an abuser.

For instance, you may sue an abuser for:

• compensation for physical injuries
• medical expenses
• lost wages
• damage to personal belongings

Keep in mind that statutes of limitations affect not only criminal prosecution but also the time you have to bring civil claims.

There is typically a longer limitation period for domestic violence offenses classified as felonies — such as sexual assault.

Other incidents, like property damage, may be treated as misdemeanors, which usually carry a shorter statute of limitations.

For example, in Arizona the time limit to charge misdemeanor domestic violence is one year, while felony domestic violence charges may be pursued up to seven years after the incident.

If you’re considering suing an abuser, consult an attorney experienced in these matters. They can tell you whether you can still file a civil claim.

Where to find more information and support

If possible, report domestic violence as soon as you can. Although you may notify police at any time, criminal charges or civil lawsuits can only proceed if the statute of limitations remains open.

Even when legal remedies are no longer available, you can still obtain a protective order against your abuser. Accessing mental health support — such as therapy — can also be an important part of healing after abuse.

Additional resources include:

• Domestic Violence Resource Guide
• Sexual Assault Resource Guide
• Therapy for Every Budget: How to Access It
• RAINN’s guide to the State by State Guide on Statutes of Limitations for Sex Crimes
• WomensLaw.org’s state-by-state guide to laws

If you need legal assistance, consider contacting:

• American Bar Association Commission on Domestic & Sexual Violence
• WomensLaw.org
• Battered Women’s Justice Project
• Legal Momentum
• Legal Network for Gender Equity

The following organizations can also help connect you with legal and practical domestic violence services:

• The National Domestic Violence Hotline (800-799-7233)
• The National Sexual Assault Hotline (800-656-HOPE)
• Safe Horizon
• DomesticShelters.org