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PA Bulletin, Doc. No. 12-1896

THE COURTS

Title 255—LOCAL
COURT RULES

BUCKS COUNTY

Protection From Abuse Actions; Administrative Order No. 19

[42 Pa.B. 6131]
[Saturday, September 29, 2012]

Amended Administrative Order No. 19

 And Now, this 13th day of September, 2012, Administrative Order No. 19, promulgated on October 5, 1984 and amended July 11, 1985, is hereby amended as follows:

 In order to implement the Protection From Abuse Act of December 19, 1990, P. L. 1240, 23 Pa.C.S.A. Section 6101 et seq, as amended, the following policies, practices and procedures are hereby approved.

 1. Actions for Protection From Abuse shall be commenced and prosecuted in accordance with the provisions of Pa.R.C.P. 1901, et seq. and 23 Pa.C.S.A. Section 6101 et seq.

 2. Actions seeking emergency relief under the Protection From Abuse Act shall be commenced and prosecuted pursuant to the provisions of Pa.R.C.P.M.D.J. No. 1201 et seq. and 23 Pa.C.S.A. Section 6110 et seq.

 3. If an emergency order for Protection From Abuse has issued, the plaintiff and, if available, the defendant, shall be informed of the following:

 (a) that the magisterial district judge's order will expire at the close of business the next day the Courts are open, and that a further order may be issued only by the Common Pleas Court;

 (b) that a certification of the magisterial district judge's record will be made immediately to the Common Pleas Court and will have the effect of commencing Common Pleas Court proceedings under the Act;

 (c) that the plaintiff must complete a petition or a verified statement setting forth the abuse by the defendant, as required in 23 Pa.C.S. § 6110(c), which shall accompany the certified emergency order forwarded to the Common Pleas Court to as a basis for the extension of the emergency order, if granted by the Common Pleas Court, and also serve as a record for a hearing;

 (d) that a hearing will be held in the Court of Common Pleas within the next ten business days;

 (e) that plaintiff may obtain counsel as set forth above in paragraph 5; and

 (f) that if plaintiff fails to appear at the hearing, the petition may be dismissed.

 If practicable, notice of the time and place of the hearing shall be hand-delivered to the parties and each shall sign a receipt.

 In cases in which defendant is not present, he shall be served with the information contained in this paragraph and notice of the hearing in the same manner and at the same time as service of the prohibition order under Rule 1209 of the Rules of Civil Procedure for District Magistrate Judges.

 4. Actions for contempt of an order for Protection From Abuse shall be commenced in accordance with 23 Pa.C.S.A. Section 6113 et seq. and Pa.R.C.P. No. 1901.5 et seq. If a defendant is arrested for a violation of a Protection From Abuse Order issued by a Court of Common Pleas Judge, an emergency order issued by a Magisterial District Judge, or a duly registered foreign protection order, the defendant forthwith shall be preliminarily arraigned before a Magisterial District Judge.

 5. At the preliminary arraignment, a defendant arrested for violation of a Protection From Abuse Order shall be notified of the following:

 (a) that he is charged with criminal contempt for violation of the Protection From Abuse Order;

 (b) that a hearing will be held in the Court of Common Pleas of Bucks County within the next ten business days;

 (c) that defendant is entitled to be represented by counsel, and, if unable to afford counsel, free counsel will be appointed; and

 (d) that if defendant fails to appear at the hearing, a bench warrant may be issued for defendant's arrest.

 Bail shall be set to insure defendant's presence at the contempt hearing in accordance with Pa.R.Crim.P. 4004 including, without limitation, the condition that defendant not contact the plaintiff or members of the plaintiff's household, directly or indirectly, in the meantime.

 Notice of the time and place of the hearing shall be hand-delivered to the parties and each shall sign a receipt. The office of the magisterial district judge shall notify an unrepresented plaintiff that a lawyer may be obtained from Legal Aid of Southeastern PA (1-877-429-5994) and/or the Bucks County Bar Association Lawyer Referral Service (1-888-991-9922).

 The Administrative Order shall be effective thirty days after publication in the Pennsylvania Bulletin and shall be applicable to all pending actions.

By the Court

SUSAN DEVLIN SCOTT, 
President Judge

[Pa.B. Doc. No. 12-1896. Filed for public inspection September 28, 2012, 9:00 a.m.]


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