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§ 340.15.Domestic Violence

Title 2. Of the Time of Commencing Civil Actions · Chapter 3. The Time of Commencing Actions Other Than for the Recovery of Real Property · Last amended 1999 · Last verified July 28, 2026

In one sentenceSection 340.15 gives a three-year deadline for domestic violence damages actions, running from the later of the last act of domestic violence or the plaintiff’s discovery that an injury or illness resulted from it.

Full Text of § 340.15

Text sizeJump to: (a) (b)

(a) In any civil action for recovery of damages suffered as a result of domestic violence, the time for commencement of the action shall be the later of the following:
(1) Within three years from the date of the last act of domestic violence by the defendant against the plaintiff.
(2) Within three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act of domestic violence by the defendant against the plaintiff.
(b) As used in this section, "domestic violence" has the same meaning as defined in Section 6211 of the Family Code.

Plain-English Summary

Section 340.15 applies a discovery-friendly, three-year period to civil damages actions arising from domestic violence, as that term is defined in Family Code § 6211. The plaintiff gets whichever of two three-year clocks runs out later: three years from the last act of domestic violence, or three years from when the plaintiff discovers, or reasonably should have discovered, that an injury or illness resulted from an act of domestic violence.

That “later of the two” structure protects a plaintiff whose injury or its connection to the abuse only becomes apparent well after the last violent act — the clock doesn’t run from the act itself alone if discovery of the resulting harm comes later.

Frequently Asked Questions

What is the statute of limitations for a domestic violence lawsuit in California?

Three years under § 340.15, running from the later of the last act of domestic violence or the plaintiff’s discovery that an injury or illness resulted from it.

How is “domestic violence” defined for purposes of § 340.15?

The section adopts the definition in Family Code § 6211, rather than defining the term itself.

Amendment History

Amended by Stats. 1998, Ch. 123, Sec. 1. Effective January 1, 1999.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: California domestic violence civil statute of limitations