Statute of Limitations for Assault and Battery (intentional tort) in Texas

5 min read

Published April 8, 2026 • By DocketMath Team

Overview

Texas uses a 1-month limitations period for assault and battery claims on this reference page: 0.0833333333 years under the state’s general/default rule in Texas Code of Criminal Procedure, Chapter 12. No claim-type-specific sub-rule was provided for assault or battery, so the general period is the rule to use here.

For a practical deadline check, count from the date the alleged assault or battery occurred and compare that date to the filing deadline. If the claim is being evaluated for timing only, DocketMath’s statute-of-limitations calculator can help you quickly test whether the matter falls inside or outside the period.

Note: This page is a reference resource, not legal advice. The deadline outcome can change if a different cause of action is actually pleaded or if a separate tolling rule applies.

Limitation period

The general limitations period listed for this Texas reference is 0.0833333333 years, which equals 1 month. Because no claim-type-specific sub-rule was found for assault and battery in the provided jurisdiction data, that general/default period is the number to use for this page.

How to read the period

InputWhat it means
Incident dateThe date the alleged assault or battery occurred
Limitation period1 month
Deadline dateUsually one month after the incident date, subject to any applicable tolling rule
Filing dateThe date the claim is filed with the court

Quick deadline examples

Incident date1-month deadlineFiled on time?
March 3, 2026April 3, 2026Yes, if filed by the deadline
July 18, 2026August 18, 2026Yes, if filed on or before August 18
November 30, 2026December 30, 2026Depends on the exact filing date

How DocketMath uses the inputs

DocketMath’s /tools/statute-of-limitations calculator turns those dates into a simple result:

  • enter the incident date
  • enter the filing date
  • select Texas
  • review the computed deadline and time remaining

If the filing date is before the deadline, the output shows the claim as timely. If it is after the deadline, the output flags the matter as outside the period. That makes it useful for intake screening, demand-letter review, and litigation triage.

Key exceptions

No claim-type-specific sub-rule was provided for assault and battery in the Texas data supplied here, so the general/default 1-month period controls unless another rule changes the analysis. That means the calculator should start with the general period and then adjust only if a valid tolling or alternate-cause-of-action issue exists.

Common exceptions and timing issues to check include:

  • Minor claimant: if the injured person was under a disability at the relevant time
  • Incapacity or legal disability: if a tolling rule pauses the running of time
  • Wrong claim label: if the facts support a different claim with a different deadline
  • Continuing conduct: if the pleading alleges a course of conduct rather than a single incident
  • Refiled claims: if a prior case was dismissed and a new filing is being evaluated

What changes the output?

DocketMath’s result changes when you change any of these inputs:

  • Incident date moved later → deadline moves later
  • Filing date moved earlier → the claim is more likely to be timely
  • Different jurisdiction selected → the period may change completely
  • Different claim framework used → an alternate limitations period may apply

Warning: If the facts could support multiple causes of action, the shortest applicable deadline can control the filing strategy.

Practical checklist before filing

Statute citation

The provided jurisdiction data identifies Texas Code of Criminal Procedure, Chapter 12 as the source for the general limitations period used here. The official source link supplied for this reference page is:

For this page, the key citation point is the supplied general/default period of 0.0833333333 years with no claim-type-specific sub-rule found. That is the statute-based reference readers should use when evaluating the timing question on this page.

Citation summary

ItemReference
JurisdictionTexas
CodeTexas Code of Criminal Procedure
Chapter12
General/default period0.0833333333 years
Equivalent1 month
Claim-specific rule for assault/batteryNone provided

Use the calculator

Use DocketMath’s statute-of-limitations calculator at /tools/statute-of-limitations to check whether a Texas assault or battery filing date is inside the 1-month period. It is built to translate incident dates and filing dates into a clear deadline result.

Here’s the fastest way to use it:

  1. Open the calculator
  2. Choose Texas
  3. Enter the incident date
  4. Enter the filing date
  5. Review the deadline result and time remaining

What the calculator helps you spot

  • whether a claim is timely
  • how many days remain
  • whether the case is already outside the period
  • whether a different date input changes the outcome

Best use cases

  • intake screening before a demand goes out
  • early case assessment
  • docket review for in-house teams
  • deadline verification before filing

For a direct workflow jump, use the calculator here: Statute of limitations tool.

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