THE COURTS
FAYETTE COUNTY
Rule 1901: Actions Pursuant to the Protection from Abuse Act; Civil Division; No. 123 of 1998, G. D.
[28 Pa.B. 796]
Order And Now, this 20th day of January, 1998, it is hereby Ordered that Fayette County Rule of Civil Procedure 1901 is hereby adopted as follows. This amendment shall be effective 30 days after the publication in the Pennsylvania Bulletin.
The Prothonotary of Fayette County is Ordered and Directed to do the following:
(1) File seven (7) certified copies of this Order and Amended Rule with the Administrative Office of Pennsylvania Courts.
(2) File two (2) certified copies of this order and Amended Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(3) File one (1) certified copy of this Order and Amended Rule with the Pennsylvania Civil Rules Committee.
(4) Forward one (1) copy for publication in the Fayette Legal Journal.
(5) Forward one (1) copy to the Fayette County Law Library.
(6) Keep continuously available for public inspection copies of this Order and Rule.
By the Court
WILLIAM J. FRANKS,
President JudgeRule 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, 1990, P. L. 1240, as amended, 23 Pa.C.S. Sec. 6101 et seq., the following practices, procedures, and rules are promulgated.
It is the purpose and policy of the Court of Common Pleas of Fayette 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, Sheriff, District Justices, Warden, Crime Victim/Witness Coordinator, and police departments; and to provide emergency relief.
Rule 1901.1-2. Commencement in Court.
(a) A petition for Protection From Abuse (PFA) shall be presented to the Court as a routine motion in accordance with Fayette County Rule 211 and assigned to the PFA Judge who will schedule a hearing on the petition.
(b) If the petition seeks temporary relief for protection from abuse and alleges immediate and present danger of abuse to the plaintiff and/or minor children, the same shall be presented directly to the PFA Judge on any business day from 8:30 a.m. through 4:00 p.m.; the PFA Judge will, at the earliest possible time consistent with his schedule, conduct an ex parte proceeding. Thereafter, the Court may enter such temporary order as it deems necessary to protect the plaintiff and/or minor children pending hearing on the petition.
(c) Assistance and advice to plaintiffs not represented by counsel.
(1) Petition forms and written information referring individuals to the local domestic violence program, Southwestern Pennsylvania Legal Aid Society, and Fayette County Bar Association Lawyer Referral Service shall be provided by the Prothonotary.
(2) Clerical assistance in the preparation and filing of the petition shall be provided by the Southwestern Pennsylvania Legal Aid Society.
Rule 1901.1-3. Emergency Relief by the Minor Judiciary.
(a) From the close of business at 4:30 p.m. each day to the resumption of business at 8:00 a.m. the next morning and from 4:30 p.m. of the last day of the business week to 8:00 a.m. of the first day of the next business week, a Petition for Protection from Abuse seeking ex parte emergency relief based upon an allegation of immediate and present danger of abuse to the plaintiff and/or minor children shall be filed with the District Justice in the district where the plaintiff lives or, when unavailable, with the court ordered Duty District Justice, who may grant relief in accordance with the Act.
(b) District Justice.
(1) The District Justice shall provide petition forms and assist in the preparation thereof.
(2) If, following an ex parte proceeding, the District Justice determines that emergency relief is warranted, he/she shall issue an emergency order.
(3) The District Justice shall certify the emergency order issued and the petition to the Court.
(4) The District Justice shall advise the plaintiff that the emergency order will expire at 4:30 p.m. on the next business day of Court.
(5) The District Justice shall advise the plaintiff that the plaintiff is responsible for obtaining the certified record from the District Justice and for filing the certified record with the Prothonotary on the next business day of Court.
(c) Prothonotary.
(1) The Prothonotary shall accept the certified record from the plaintiff for filing, without the payment of fees.
(2) The Prothonotary shall provide the plaintiff with a verified statement form which must be completed by the plaintiff setting forth the abuse by the defendant, if the abuse has not already been set forth in the Petition for Emergency Order.
(3) The Prothonotary shall provide the plaintiff with a copy of the petition, verified statement and emergency order and advise the plaintiff to present same to the PFA Judge for ex parte proceedings as provided for in 1901.1-2(b).
Rule 1901.1-4. Service of Petition and Order.
(a) The plaintiff shall ensure that the petition and order are promptly served upon the defendant and that the order is served upon the police department with appropriate jurisdiction to enforce the order.
(b) Where the plaintiff avers that service cannot be safely effectuated by an adult individual other than a law enforcement officer, the Sheriff of Fayette County shall serve the petition and order on the defendant. The Sheriff shall advise the Court that service has been effectuated as well as the cost therefor.
(c) Where the plaintiff avers that service of an emergency order cannot be safely effectuated by an adult individual other than a law enforcement officer, the District Justice issuing the order shall have the same served by a constable at the initial expense of the county. The constable shall file a return of service as well as the cost therefor.
Rule 1901.1-5. Arrest for Violation of Order.
(a) Upon arrest for violation of a PFA order or court approved consent agreement, the defendant shall be taken, without unnecessary delay, to the District Justice in the district where the alleged violation occurred, or if unavailable, to the court ordered Duty District Justice for preliminary arraignment and bail pursuant to the Pennsylvania Rules of Criminal Procedure.
At the preliminary arraignment the defendant shall be notified:
(1) that he is charged with indirect criminal contempt for violation of a PFA order or court approved consent order; and
(2) that he is entitled to be represented by counsel and, if unable to afford counsel and otherwise qualifies, a Public Defender will be appointed.
(b) Immediately following the preliminary arraignment, the District Justice shall provide the arresting officer and the defendant with written notice of the time and date for hearing on the charge. The written notice shall be signed by each.
(c) It shall be the duty of the arresting officer to notify the plaintiff of the time and date for hearing.
(d) The District Justice shall cause the following completed forms to be delivered to the Clerk of Courts prior to the scheduled hearing:
(1) criminal complaint;
(2) probable cause affidavit, if any;
(3) warrant of arrest, if any;
(4) certificate of bail, if required, and discharge of commitment; and
(5) receipts for notice of hearing.
(e) When the defendant has been arrested without a warrant for a PFA violation, a criminal complaint shall be filed against the defendant prior to the preliminary arraignment.
(f) Where the police officer has been unsuccessful in his attempts to locate the defendant, the officer shall file a criminal complaint and affidavit of probable cause with the District Justice where the alleged violation occurred, or if unavailable, with the court ordered Duty District Justice who shall issue a warrant of arrest for the defendant.
Rule 1901.1-6. Private Criminal Complaint for Violation of Order or Agreement.
(a) A private criminal complaint shall be filed with the District Justice in the district where the alleged abuse occurred, or if unavailable, with the court ordered Duty District Justice.
(b) The approval of the District Attorney is not required prior to the filing of a criminal complaint under this section.
(c) The procedure for filing a private criminal complaint for indirect criminal contempt for violation of a non-economic provision of an order or court approved consent agreement pursuant to Section 6113.1 of the Act is as follows:
Rule 1901.1-7. Out of County Orders.
(a) A PFA order issued by a District Justice or Court in another judicial district within the Commonwealth or PFA order issued by a comparable court in another state shall be enforced in the same manner as a PFA order entered by a Fayette County Court, provided however, that such order has been properly recorded in the Registry of the Pennsylvania State Police, or until a Pennsylvania State Police Registry has been established, has been properly registered with the Prothonotary of Fayette County.
(b) Until the Pennsylvania State Police Registry is established and fully operational, the Prothonotary shall maintain a Registry in which shall be entered certified copies of protection from abuse orders issued by a court in another judicial district within the Commonwealth or a comparable court in another state.
(1) A valid PFA order may be registered by the plaintiff by obtaining a certified copy of the order of the issuing court endorsed by the Prothonotary of that court and by presenting that certified order to the Prothonotary or Clerk of Fayette County for filing.
(2) Upon receiving a certified order for registration and upon completion of filing and registration, the Prothonotary shall provide the plaintiff with a copy bearing proof of registration, which copy shall then be filed by the plaintiff with the appropriate law enforcement agency.
(3) No costs shall be assessed for registration of an order.
(4) Registration of PFA orders shall not be required upon the establishment and operation of the Pennsylvania State Police Registry.
Rule 1901.1-8. Civil Contempt.
(a) A plaintiff may file a petition for civil contempt alleging that a defendant has violated any provision of an order or a court-approved consent agreement.
(b) A petition for civil contempt shall be presented to the court as a routine motion in accordance with Fayette County Rule 211 and assigned to the issuing judge who will schedule a hearing on the petition.
Rule 1901.1-9. Notification upon Release.
(a) The Warden of the Fayette County Prison shall use all reasonable means to notify the plaintiff sufficiently in advance of the release of the defendant from any incarceration imposed as a result of a finding of contempt.
(b) Notification shall be required for work release, furlough, medical leave, community service, discharge, escape and recapture. Notification shall include terms and conditions imposed on any temporary release from custody. The plaintiff shall keep the Warden of the Fayette County Prison and Crime Victim/Witness Coordinator advised of contact information; failure to do so will constitute a waiver of any rights to notification under these provisions.
[Pa.B. Doc. No. 98-248. Filed for public inspection February 13, 1998, 9:00 a.m.]
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