Time Limit for a Battery Claim Against a Former Spouse

Attorney Answer

In California you have two years to bring a civil claim for being pushed and injured, and that clock started on the day it happened. The claim does not depend on anyone being arrested or charged, and it does not depend on how the family-law side of things turns out.

The deadline comes from Cal. Code Civ. Proc. § 335.1: "Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." That single period covers both ways your claim could be framed — as an intentional battery, because someone deliberately put their hands on you, or as ordinary carelessness. Either way, two years is the ordinary outside limit.

What you could recover is measured by Cal. Civ. Code § 3333: "For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not." For an L5 compression fracture that reaches the emergency visit and the imaging, the follow-up care, any bracing or surgery, future treatment the fracture is likely to require, income you lost, and the pain and limitation the injury caused. Proving those losses is a records exercise, and the records are easiest to gather now rather than later.

One practical caution, because it surprises people. Proving a claim and collecting on it are different problems. Home and renter liability policies commonly exclude harm the insured caused on purpose, so an intentional push may leave nothing but the person's own assets behind it. That does not make the claim worthless, but it is the first thing a local attorney will look at, and it is worth asking about before you spend money on the case.

What you can do

1. Gather your medical records and imaging for the L5 fracture, starting with the first visit after the fall, and keep them together in one place.

2. Preserve everything that already exists from that day — messages, photographs, and the contact details of anyone who was present or who you told about it at the time. Do not delete a thread because it is unpleasant to read.

3. Keep your bills, receipts and a simple record of the work you missed and the things you could not do.

4. Ask a local attorney about any protective measures available to you through the family or civil courts, and how a criminal report, if one exists, fits alongside a civil claim.

5. Ask a local attorney to look at insurance and assets early, so you know what a recovery would realistically come from.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Cal. Code Civ. Proc. § 335.1 sets two years for assault, battery and personal-injury claims. Which date starts your particular clock, and whether anything in your circumstances paused it, depends on facts this page does not have. Have a local attorney review your dates now rather than closer to the mark — once the period runs out, the claim ends no matter how strong it is.