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    David Donison's Avatar
    David Donison Posts: 1, Reputation: 1
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    #1

    Oct 28, 2006, 08:22 AM
    Statute of limitations
    I was told my the defendants lawyer in a case settlement conference that the statute of limitations in Small Claims Court for spousal abuse is more that 2 years. What is the statute of limitations in Small Claims Court for spousal abuse.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Oct 28, 2006, 09:10 AM
    Hello Dave:

    First off, I suggest you DON'T get your legal advice from the enemy's lawyer. That said, he's probably right.

    But, other than that, I'm lost. If you're in the MIDDLE of a case, the JUDGE and not the lawyer, is the one who WILL determine whether the case falls within the time limits.

    Next, are you being sued for spousal abuse, in small claims court, and your ex has an attorney?? Are you having a settlement conference in THAT case?

    Third, the statutes of limitations differ for every state.

    Fourth, how much money are they claiming (or you are going to claim), that spousal abuse costs? How can they (or you) prove those costs? I don't think they (or you) can.

    Unless of course, the abuse you're talking about is physical. That would be criminal, in addition to civil, and there would be police reports, and dr's bills. Those kinds of damages CAN be proven.

    Help me, to help you.

    excon
    legalboy's Avatar
    legalboy Posts: 2, Reputation: 2
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    #3

    Nov 22, 2006, 11:15 AM
    I guess things may be different there in the states. However, If this is Physical abuse, Statue of Limitations do not apply. There is no SOL on Criminal offences.

    Now I heard you can sue in Civil courst for damages, if that's the case disregard my post.
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