THE COURTS

Title 255—LOCAL COURT RULES

CARBON COUNTY

Adoption of Local Rule of Civil Procedure CARB.R.Civ.P. 1901A for the Enforcement of Protection from Abuse and Protection of Victims of Sexual Violence or Intimidation Orders by Indirect Criminal Contempt Arrest and Indirect Criminal Complaint Form; Case No. 24-CV-0115

[54 Pa.B. 355]
[Saturday, January 27, 2024]

Administrative Order No. 8-2024

 And Now, this 12th day of January, 2024, in order to establish Carbon County Local Rule of Civil Procedure 1901A pertaining to the Enforcement of Protection From Abuse (PFA), Protection of Victims of Sexual Violence or Intimidation (PVSVI) & Orders by Indirect Criminal Contempt (ICC)—Arrest and utilize the Indirect Criminal Complaint form, it is hereby

 Ordered and Decreed that Carbon County Court of Common Pleas Local Rule of Civil Procedure CARB.R.Civ.P. 1901A is Adopted¹ , to be effective thirty (30) days after publication in the Pennsylvania Bulletin. A copy of the rule and form are as follows for easy reference.

 The Carbon County District Court Administrator is Ordered and Directed to do the following with the Administrative Order and Rule:

 1. E-mail one (1) copy with the Administrative Office of Pennsylvania Courts to adminrules@pacourts.us.

 2. Mail one (1) copy with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin to PA Code and Bulletin, Legislative Reference Bureau, 647 Main Capitol Building, Harrisburg, PA 17120 and e-mail one (1) copy in Microsoft Word format to bulletin@palrb.us.

 3. Publish this local rule on the www.carboncourts.com website within 30 days after the publication in the Pennsylvania Bulletin.

 4. File one (1) copy in the Carbon County Prothonotary's Office.

 5. E-mail one (1) copy for publication in the Carbon County Law Journal.

 6. Forward one (1) copy to the Carbon County Law Library.

By the Court

ROGER N. NANOVIC, 
President Judge

Rule 1901A. Enforcement of Protection from Abuse (23 Pa.C.S.A. § 6101, et seq.) and Protection of Victims of Sexual Violence or Intimidation (42 Pa.C.S.A. § 62A01, et seq.). Orders by Indirect Criminal Contempt—Arrest.

 (a) Upon an arrest without warrant of a defendant for violating an emergency order issued by a magisterial district judge, a temporary or final order issued by a judge of the court of common pleas of this Commonwealth, or a duly registered foreign protection order, it shall be presumed that the Court of Common Pleas is unavailable and the arresting police officer or Sheriff shall take the defendant before either the magisterial district judge of the district where the contempt is alleged to have occurred or the magisterial district judge on-call, as applicable.

 (b) The arresting officer shall promptly complete and file with the magisterial district court a complaint for indirect criminal contempt in accordance with 23 Pa.C.S.A. §§ 6113, 6114 or 42 Pa.C.S.A. §§ 62A12, 62A14, as applicable. The form of this complaint shall be that attached to this Rule.

 (c) The defendant shall be afforded a preliminary arraignment without unnecessary delay.

 (d) At the preliminary arraignment, the magisterial district judge shall inform the defendant of the following:

 (1) that the defendant is charged with criminal contempt for violation of a protective order;

 (2) that a hearing will be held in the Court of Common Pleas within the next ten business days and advise the defendant of the date, time and location of the hearing. Written notice of the time and place of this hearing shall be hand-delivered to the defendant, with defendant to sign a receipt for same;

 (3) that the defendant is entitled to be represented by counsel, and if defendant is unable to afford private counsel and desires to have counsel, defendant should immediately complete and submit an application for a public defender to the Carbon County Public Defender's office. Defendant shall be provided the address and telephone number of the Carbon County Public Defender's Office; and

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

 At the preliminary arraignment before the magisterial district judge, the defendant shall be provided a true and correct copy of the completed indirect criminal complaint.

 (e) Bail shall be set by the magisterial district judge to ensure defendant's presence at the contempt hearing in accordance with Pa.R.Crim.P. No. 523 including, without limitation, the condition that the defendant not contact the alleged victim or members of the alleged victim's household, directly or indirectly, pending further hearing. If the defendant is unable to post bail as set by the magisterial district judge, the defendant shall be taken to the Carbon County Correctional Facility.

 (f) 42 Pa.C.S. Ch. 63 (relating to juvenile matters) shall apply to a child as defined in the Juvenile Act who has been charged with indirect criminal contempt of a protection from abuse order shall be transferred to the Juvenile Court for disposition thereunder.

 

 

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[Pa.B. Doc. No. 24-97. Filed for public inspection January 26, 2024, 9:00 a.m.]

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¹  Rescinds Carbon County Local Rule 1901.5—Enforcement.

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