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PA Bulletin, Doc. No. 98-1183

THE COURTS

Title 255--LOCAL
COURT RULES

MONROE COUNTY

Local Civil Rule 1905A.  Violation of a Temporary or Final Order

[28 Pa.B. 3504]

Order

   And Now, July 6, 1998, the following Local Rule of Civil Procedure is adopted to be effective September 1, 1998.

By the Court

RONALD E. VICAN,   
President Judge

Rule 1905A.  Violation of a Temporary or Final Order.

   If a temporary order of a District Justice is violated, or if a temporary order or final order of a Judge is violated, it shall be presumed that the Court of Common Pleas is unavailable and the arresting police officer shall take the defendant before a District Justice in the magisterial district in which the abuse for which relief is requested occurred. The District Justice shall advise the defendant:

   (1)  That he or she is being charged with violating a temporary order of a District Justice or a Judge, as appropriate, or of a final order of a Judge, and

   (2)(a)  That, if a violation of a temporary order of a District Justice, the matter will be referred to the Court after which a hearing will be set within ten (10) days; or

   (b)  That, if a violation of a temporary order of a Judge, that a hearing has already been set and the defendant shall be told of the time and the place of that hearing; or

   (c)  That, if the violation is of a final order of the Court, a hearing will be set by the Court within ten (10) days of the Court's receipt of the notice of the alleged violation; and

   (3)  Of the defendant's right to counsel, and the address and telephone number of the Monroe County Public Defender's Office.

   The District Justice shall then consider bail for the defendant in accordance with any and all applicable Bail Rules.

[Pa.B. Doc. No. 98-1183. Filed for public inspection July 24, 1998, 9:00 a.m.]


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