Cody Cofer | July 2, 2026 | Domestic Violence
If you’ve been accused of domestic violence in Texas, you may be wondering whether there’s a deadline for prosecutors to file charges. The answer depends on the offense involved. Texas doesn’t have one statute of limitations for every domestic violence case because “domestic violence” isn’t a separate criminal offense.
Instead, prosecutors charge crimes such as assault, aggravated assault, stalking, or continuous violence against the family. Each offense has its own filing deadline.
What Is a Statute of Limitations?
A statute of limitations is the amount of time prosecutors have to file criminal charges. If they do not bring charges before the applicable deadline expires, they are generally prohibited from prosecuting the offense.
These deadlines exist to promote fairness in the criminal justice system. As time passes, evidence can be lost, surveillance footage may disappear, and witnesses’ memories often become less reliable. Statutes of limitations encourage cases to be brought while the available evidence is still relatively fresh.
The deadline varies depending on the crime. More serious offenses often have longer statutes of limitations, and some offenses can be prosecuted years later or have no limitations period at all.
What Is the Statute of Limitations for Domestic Violence in Texas?
Because domestic violence is not a standalone offense under Texas law, there is no single statute of limitations that applies to every case. Instead, the filing deadline depends on the charge prosecutors pursue.
For example, a domestic violence allegation may involve:
- Assault causing bodily injury
- Aggravated assault
- Continuous violence against the family
- Stalking
- Sexual assault or aggravated sexual assault
The statute of limitations depends on the offense prosecutors allege. For example, assault causing bodily injury, aggravated assault, and continuous violence against the family generally have a five-year statute of limitations, while stalking generally has a three-year deadline.
Sexual assault offenses are subject to different rules, with some carrying a 10-year statute of limitations and others having no limitations period at all.
Can the Statute of Limitations Be Extended?
Texas law recognizes certain situations in which the statute of limitations is paused or extended.
Depending on the circumstances, the filing deadline may be affected if:
- The accused is continuously absent from Texas
- A specific statute provides a longer limitations period for the offense
- Another exception under Texas law applies
Whether one of these exceptions applies depends on the facts of the case. A defense attorney can review the timeline and determine whether prosecutors filed the charges within the required period.
What Happens if the Statute of Limitations Has Expired?
If prosecutors file charges after the applicable statute of limitations has expired, the court may dismiss the case. However, determining whether the deadline has actually passed is not always simple.
The parties may disagree about when the limitations period began or whether an exception extended the filing deadline. In some cases, prosecutors may file a different criminal charge with a different statute of limitations than the one originally expected.
Rather than trying to calculate the deadline on your own, it’s best to have an attorney review your case and determine whether the prosecution was timely.
Why You Should Speak With a Criminal Defense Attorney
Domestic violence allegations can have immediate and lasting consequences. Even before your case is resolved, you could face protective orders, restrictions on firearm possession, damage to your reputation, and challenges involving employment or child custody.
A criminal defense attorney can help by:
- Determining which criminal offense prosecutors may charge
- Reviewing whether the statute of limitations has expired
- Identifying legal defenses available in your case
- Protecting your rights during questioning and court proceedings
- Negotiating with prosecutors or defending you at trial if necessary
The sooner you speak with an attorney, the sooner they can begin protecting your rights and preparing your defense.
Contact Cofer Luster Criminal Defense Lawyers to Schedule a Confidential Consultation With a Fort Worth Criminal Defense Attorney
If you’re being investigated for domestic violence or have already been charged in Texas, don’t wait to get legal advice. A criminal conviction can carry serious consequences, and the sooner you understand your options, the better.
Cofer Luster Criminal Defense Lawyers is prepared to protect your rights at every stage of the criminal process. Contact us today at (682) 777-3336 to schedule a confidential consultation with an experienced Fort Worth criminal defense lawyer.
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 7
