Extended Statute of Limitations for Family Violence Cases in Texas

Texas recently implemented changes to its legislation regarding the statute of limitations for prosecuting family violence crimes. While proponents of these changes argue they serve the interests of justice, it’s imperative to recognize the potential drawbacks, particularly for the defense.

Under the previous law, prosecutors faced strict time constraints when pursuing charges against individuals accused of family violence. Misdemeanor family violence charges were limited to a two-year statute of limitations, while felony family violence charges had a three-year limitation. With the recent legislative amendments, these limitations have been extended, granting prosecutors a wider window to bring charges.

Now, misdemeanor family violence cases have a statute of limitations of three years, while felony cases have been extended to five years. This may appear beneficial for prosecuting such cases, but it raises concerns regarding fairness and due process for the accused.

Extending the statute of limitations fails to account for the complexities involved in defending against allegations of family violence. Building a strong defense requires time to gather evidence, assess witness testimony, and develop legal strategies. The extension disproportionately favors the prosecution, potentially prejudicing the rights of the accused.

Moreover, the emphasis on pursuing charges in family violence cases may lead to rushed investigations and wrongful convictions. It’s crucial to ensure that the legal process remains balanced, protecting the rights of both the accused and the alleged victims.

At Barbieri Law, we understand the challenges faced by individuals accused of family violence offenses. We are committed to providing robust legal defense, advocating for fair treatment, and safeguarding the rights of our clients throughout the legal process.

If you or someone you know is facing charges related to family violence, it’s essential to seek experienced legal representation. Contact our firm today to discuss your case and explore your options for defense. We are here to fight for your rights and ensure that you receive a fair trial.