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PA Bulletin, Doc. No. 15-664

THE COURTS

WASHINGTON COUNTY

Local Rule Amendments; 1901.1-1 Actions Pursuant to the Protection From Abuse Act; 1901.1-2 Commencement in Court; 1901.1-3 Emergency Relief by the Minor Judiciary; No. 2015-1

[45 Pa.B. 1848]
[Saturday, April 11, 2015]

Order

 And Now, this 19th, day of March, 2015; It Is Hereby Ordered that the previously-stated local rules be amended as follows.

 These rule changes will become effective thirty days after publication in the Pennsylvania Bulletin.

By the Court

KATHERINE B. EMERY, 
President Judge

L-1901.1-1. Actions Pursuant to the Protection from Abuse Act.

 Pursuant to the authority set forth in the Protection from Abuse Act of December 19, 2009, P.J. 1240, as amended, 23 Pa.C.S. § 6101 et seq., the following practices, procedures, and rules are promulgated.

 It is the purpose and policy of the Court of Common Pleas of Washington County, Pennsylvania, to implement and effectuate the Protection from Abuse Act and its amendments to protect victims from abuse, to streamline and facilitate enforcement; to establish duties upon the Prothonotary, the Sheriff, Magisterial District Judges, and police departments; and to provide for emergency relief.

L-1901.1-2. Commencement in Court.

 a. Petitions for Protection from Abuse shall be presented to the assigned judge, who shall schedule a hearing on the petition. If the plaintiff petitions for a temporary order, and alleges immediate and present danger of abuse, the Court may conduct an ex parte proceeding and may enter a temporary order as it deems appropriate.

 b. Assistance and advice to individuals not represented by counsel

 1. Forms sufficient for this purpose shall be provided by the Washington County Prothonotary, Domestic Violence Services of Southwestern Pennsylvania, or other individual as designated by the court.

 2. Clerical assistance to help with writing and filing the petition shall be provided by the Prothontary, Domestic Violence Services of Southwestern Pennsylvania, or other individual as designated by the court.

 3. The Prothonotary shall provide written instructions, in English and in Spanish, to the local domestic violence program, to the Southwestern Pennsylvania Legal Aid Society, and to the Washington County Bar Association Lawyer Referral Service.

 4. Petitions shall be accepted by the common pleas court between 9:00 a.m. and 4:00 p.m., Monday through Friday, excepting court holidays.

 5. The Prothonotary shall accept petitions, and any other filings, after normal business hours, when so directed by the common pleas court.

L-1901.1-3. Emergency Relief by the Minor Judiciary.

 a. A petition for protection from abuse may be filed before the on-call magisterial district judge from 3:45 p.m. each day until 9:00 a.m. the next business day, Monday through Friday. The on-call magisterial district judge shall also accept a petition for protection from abuse from 3:45 p.m. the last day of the business week to 9:00 a.m. of the first day of the next business week.

 b. An order issued under subsection (a) will expire at 4:00 p.m. on the next business day.

 c. Magisterial District Judge.

 1. The magisterial district judge shall certify the emergency order issued under subsection (a) and the petition to the Court.

 2. The magisterial district judge shall advise the plaintiff that the plaintiff is responsible for picking up the certified record at the magisterial district judge's office on the next business day of court and filing it with the Prothonotary of Washington County.

 3. The magisterial district judge shall advise the plaintiff regarding the procedure for initiating a contempt charge.

 4. The magisterial district judge shall advise the plaintiff of the existence of programs for victims of domestic violence and the availability of legal assistance.

 d. Prothonotary.

 1. The Prothonotary shall accept the certified record from the magisterial district judge for filing and assign a case number.

 2. The Prothonotary shall provide the plaintiff with a copy of the petition and emergency order and advise the plaintiff to take the documents to the Domestic Violence Services of Southwestern Pennsylvania.

 e. Assigned Judge.

 1. The assigned judge shall schedule hearings on protection orders issued under subsection (a), and shall review and continue in effect protection orders that are necessary to protect the plaintiff until the hearing.

 2. The assigned judge may order service of the petition, emergency and temporary order by the Sheriff of Washington County pursuant to L-1901.1-4(b).

[Pa.B. Doc. No. 15-664. Filed for public inspection April 10, 2015, 9:00 a.m.]


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