You can Challenge the Orders Passed by the Magistrate by way of Appeal. Whenever a person feels aggrieved by an order passed by the Magistrate, he or she has a right to file an appeal against the order before the Court of Sessions.
Yes, a domestic violence case can be reopened even after it has been closed. If you would like further information on how this process works and what options are available for you, contact an attorney to find out more about getting help with reopening your case.
How to Get a Domestic Violence Case DismissedCalifornia Corporal Injury PC 273.5. ... Get a Criminal Defense Attorney. ... Good Relationship with Prosecution. ... Gathering Critical Evidence. ... Obtaining Police Reports. ... Credible Character Witnesses. ... The First Step to Winning.
Before SB 273 was signed into law, alleged domestic violence victims were given one year to file charges for a misdemeanor domestic violence offense and three years to file charges for a felony domestic violence offense. Under the new bill, this statute of limitations has increased to five years.
If in case the domestic violence and abuse begins within six months of filing the case, it cannot be reopened. However Since it is a continuing offence, a fresh case may be filed by including fresh and a different cause of action.
Also, a case may be reopened if there is newly discovered evidence which would probably have altered the judgment. It would most likely have to be proved that the new evidence could not have been discovered sooner using due diligence.