THE COURTS
Title 231--RULES OF
CIVIL PROCEDURE
PART I. GENERAL PROVISIONS
[ 231 PA. CODE CH. 1900 ]
Amendments to the Rules of Civil Procedure Relating to Domestic Relations Matters; Recommendation No. 92
[37 Pa.B. 6385]
[Saturday, December 8, 2007]The Domestic Relations Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend the Rules of Civil Procedure relating to domestic relations matters as set forth herein. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.
Notes and explanatory comments which appear with proposed amendments have been inserted by the committee for the convenience of those using the rules. Reports, notes and comments will not constitute part of the rules and will not be officially adopted or promulgated by the Supreme Court.
The committee solicits and welcomes comments and suggestions from all interested persons prior to submission of this proposal to the Supreme Court of Pennsylvania. Please submit written comments no later than Friday, February 15, 2008 directed to:
Patricia A. Miles, Esquire
Counsel, Domestic Relations Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
FAX (717) 795-2175
E-mail: patricia.miles@pacourts.usBy the Domestic Relations
Procedural Rules CommitteeNANCY P. WALLITSCH, Esq.
Chair
Annex A
TITLE 231. RULES OF CIVIL PROCEDURE
CHAPTER 1900. ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT Rule 1905. Forms for Use in PFA Actions. Notice and Hearing. Petition. Temporary Protection Order. Final Protection Order.
* * * * * (b) The petition in an action filed pursuant to the Act shall be substantially in the following form, but the first page (paragraphs 1 through 4) must be exactly as set forth in this rule:
[(Caption)
PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: _____________________________
2. I am filing this petition on behalf of: Myself and/or [ ] Another Person.
If you checked ''myself,'' please answer all questions referring to yourself as ''Plaintiff.'' If you checked ''another person,'' please answer all questions referring to that person as the ''Plaintiff,'' and provide your address here, unless confidential:
If you checked ''Another Person,'' indicate your relationship with Plaintiff:
[ ] parent of minor Plaintiff(s)
[ ] applicant for appointment as guardian ad litem of minor Plaintiff(s)
[ ] adult household member with minor Plaintiff(s)
[ ] court appointed guardian of incompetent Plaintiff(s)
3. Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse:
__________
__________
4. [ ] Plaintiff's address is confidential or [ ] Plaintiff's address is:
__________
5. Defendant is believed to live at the following address:
Defendant's Social Security Number (if known) is:
__________Defendant's date of birth is: __________
Defendant's place of employment is: __________
[ ] Check here if you have reason to believe that Defendant is a licensed firearms dealer is employed by a licensed firearms dealer or manufacturer, is employed as a writer, researcher or technician in the firearms or hunting industry or is required to carry a firearm as a condition of employment.
[ ] Check here if Defendant is 17 years old or younger.]
(Editor's Note: The following new form is proposed to be adopted at final rulemaking.)
[6] 5. Indicate the relationship between Plaintiff and Defendant.
CHECK ALL THAT APPLY:
[ ] spouse or former
[ ] spouse of Defendant
[ ] parent of a child with Defendant
[ ] current or former sexual or intimate partner with Defendant
[ ] child of Plaintiff
[ ] child of Defendant
[ ] family member related by blood (consanguinity) to Defendant
[ ] family member related by marriage or affinity to Defendant
[ ] sibling (person who shares parenthood) of Defendant
[ ] current or former cohabitant (person who lives with) Defendant
[ ] Check here if Defendant is 17 years old or younger.
[7] 6. Have Plaintiff and Defendant been involved in any of the following court actions?
[ ] Divorce [ ] Custody [ ] Support [ ] Protection From Abuse
* * * * * [8] 7. Has Defendant been involved in any criminal court action? __________
* * * * * [9] 8. Plaintiff and Defendant are the parents of the following minor child/ren:
Name(s) Age(s) who reside at (list address unless confidential)
______ ______ _________________
[10] 9. If Plaintiff and Defendant are parents of any minor child/ren together, is there an existing court order regarding their custody? __________
* * * * * [11] 10. The following other minor child/ren presently live with Plaintiff:
* * * * * [12] 11. The facts of the most recent incident of abuse are as follows:
* * * * * [13] 12. If Defendant has committed prior acts of abuse against Plaintiff or the minor child/ren, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred (attach additional sheets of paper if necessary):
__________
__________
__________
[14] 13. (a) Has Defendant used or threatened to use any firearms or other weapons against Plaintiff or the minor child/ren? If so, please describe the use or threatened use below and list on Attachment A to Petition, which is incorporated by reference into this petition, any firearms, other weapons or ammunition Defendant used or threatened to use against Plaintiff and/or the minor child/ren:
* * * * * [15] 14. Identify the sheriff, police department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order:
__________
__________
[16] 15. There is an immediate and present danger of further abuse from Defendant.
* * * * * (c) The Temporary Order of Court entered pursuant to the Act shall be substantially in the following form, but the first page must be exactly as set forth in this rule:
[(Caption)
TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: __________
Defendant's Date of Birth: __________
Defendant's Social Security Number: __________
Names of All Protected Persons, including Plaintiff and minor child/ren:
__________
(Editor's Note: The following new form is proposed to be adopted at final rulemaking.)
AND NOW, this __ day of ____ , 20__ , upon consideration of the attached Petition for Protection From Abuse, the court hereby enters the following Temporary Order:
[ ] Plaintiff's request for a Temporary Protection Order is denied.
[ ] Plaintiff's request for a Temporary Protection Order is granted.
[ ] 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found.
[ ] 2. Defendant is evicted and excluded from the residence at [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any other permanent or temporary residence where Plaintiff or any other person protected under this order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order.
[ ] 3. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order, either directly or indirectly, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order:
* * * * * (e) The Final Order of Court entered pursuant to the Act shall be substantially in the following form, but the first page must be exactly as set forth in this rule:
[(Caption)
FINAL ORDER OF COURT Defendant's Name: __________
Defendant's Date of Birth: __________
Defendant's Social Security Number: __________
Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children:
Names Dates of Birth __________ __________ ___________________________] (Editor's Note: The following new form is proposed to be adopted at final rulemaking.)
CHECK ALL THAT APPLY:
Plaintiff or Protected Person(s) is/are:
[ ] spouse or former spouse of Defendant
[ ] parent of a child with Defendant
[ ] current or former sexual or intimate partner with Defendant
[ ] child of Plaintiff
[ ] child of Defendant
[ ] family member related by blood (consanguinity) to Defendant
[ ] family member related by marriage or affinity to Defendant
[ ] sibling (person who shares parenthood) of Defendant
[ ] current or former cohabitant (person who lives with) Defendant
Defendant was served in accordance with Pa.R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter.
AND NOW, this ____ day of ______ , 20__ , the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED AND DECREED as follows:
* * * * *
Explanatory Comment--2008 The Protection From Abuse petition form, temporary order form and final order form are being modified to conform to the model template used in Project Passport. Project Passport was designed to improve recognition and enforcement of protection orders within and between states and tribes by encouraging states and tribes to adopt a recognizable first page for protection orders. Use of the model template is supported by the National Center for State Courts and the National American Indian Court Judges Association.
The critical aspects of the model template for the first page are common data elements jointly identified by multi-disciplinary teams. Using a recognizable first page for protection orders with this essential data readily available and easily recognizable on a protection order, particularly on ''foreign protection orders,'' helps strengthen the safety net for domestic violence survivors and their children by offering greater consistency in the issuance and enforcement of protection orders.
Implementation of the model first page for Project Passport requires several changes to the Pennsylvania Protection From Abuse petition, temporary order and final order forms. The petition form caption, as well as the plaintiff's or filer's name, relationship to the plaintiff, names and dates of birth of the protected persons, plaintiff's address, defendant's address, social security number, place of employment, and age, were moved to the Project Passport first page. The petition paragraphs are also renumbered. On the temporary order and final order forms, the captions and the defendant's name, date of birth and social security number, as well as the names of the plaintiff and protected persons and dates of birth, were moved to the Project Passport first page. The Project Passport first page for the petition and temporary and final orders all include physical identifiers for the defendant and an indication if weapons were involved, present on the property or relinquished. The first page of the final order also includes the effective and expiration dates of the protection order and the notice to the defendant.
[Pa.B. Doc. No. 07-2194. Filed for public inspection December 7, 2007, 9:00 a.m.]
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