Assault & Battery: Statute of Limitations for a DV Charge

Quote:

Quoting sf1966

My question involves criminal law for the state of: Washington

In Dec. before my wife left to be with her new " Fiancee" she did not like the fact that I wouldn't let her take the kids.

She assaulted me open and closed handed, threw our phone at me when I attempted to call 911 and my step daughter had to physically restrain her to keep her from attacking me more.

And yet, you still didn't call 911, even when she was restrained? Or after she left? Or the next day? Etc.?

Quote:

This happened while my 3 small children were present ( ages 6 and under )

And yet, despite the possible danger to the children, you STILL failed to report it? That isn't going to reflect positively about your willingness or ability to protect the children. (If you eventually have a custody hearing, you can expect to have this brought up.)

Quote:

While she left no marks, and since I have my 16 yr old step daughter as a witness, is there a statue of limitations to file a DV complaint against her?

For misdemeanor domestic violence in Washington, the criminal statute of limitations is either one or two years, depending on what level of misdemeanor gets charged. However, but waiting a month to do so isn't going to do much for your credibility, even with a witness (who also never called 911 or otherwise reported this VIOLENT incident). Right or wrong, it's going to look like the many thousands of other people who don't bother to report VIOLENCE, witnessed in front of their children, until they figure out that it can either cause problems for the ex or in the mistaken belief that it will somehow help them in a custody dispute. Remember, you're going to be complaining about something that involved your children, could have physically endangered them, and yet you waited to report it. Regardless of any charges against her (which are a crap shoot), it's going to cast unfavorable light on YOU as a parent. You can certainly call the police and file a report and see if it the DA is willing to pursue the matter.