Once a family protection case has gone to the court, when does the limitation period for the domestic violence crime carry on running instead of stopping?
General information · Not legal advice
Material to check
The practice file to read here is the transfer record showing when the family protection case went to the court, the decision that leaves the case without the protective disposition the provision has in mind, and proof that it became final; for the other route, the record of the further transfer the provision names.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the rule and the exception at their word: under the Special Act on the Punishment of Domestic Violence Crimes the limitation period stops running from the moment the relevant family protection case is transferred to the court, and where one of the listed circumstances applies, the period instead runs from the later event that circumstance names, so no time runs while the case waits for that event.
Another reading separates the two routes the exception names: one works only once a decision to make no disposition on the stated ground has become final, the other works on the fact of the case being sent under the further transfers listed, so the papers in the file fix which route applies.
Your judgment
Where a decision leaving the case without a disposition has been made but is not yet final, what in the practice file shows the date the running of the limitation actually turns on?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change which decisions or transfers restart the limitation period, or if a court decision settles whether a case sent back to the agency counts as a fresh transfer.