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Administrative Order No. 19 Protection From Abuse Actions

The following policies, practice and procedures are hereby approved in implementation of the Protection From Abuse Act of October 7, 1976, P.L. 218, 35 P.S. §10181 et seq., as amended.

STATEMENT OF POLICY

It is the purpose and policy of the Court of Common Pleas of Bucks County by this Administrative Order to implement and effectuate the Protection From Abuse Act, to streamline and facilitate enforcement, and to eliminate procedural obstacles and limitations where substantial justice requires forthright action on the part of the police, the district justice and this Court.

1. Protection From Abuse petitions shall be filed with the Family Court prothonotary, 30 East Court Street, Doylestown, Pennsylvania, 18901, and shall be listed before the next available Judge sitting in Family Court.

2. When this Court orders the prohibition of abuse and, if applicable, the exclusion of defendant from certain premises, in addition to any order dictated in open Court, a form of order may be signed by the Judge and copies given to the parties and a copy lodged by the plaintiff with the appropriate local police department and by the Judge's Clerk with the Family Court prothonotary. Through computerization by the Family Court prothonotary, the order shall then become available to the Bucks County police radio room. The order shall be substantially as appears in PFA Order-1 - Revision A Form. As stated thereon, a photocopy of the original order shall be considered a duplicate original and sufficient to constitute the Court's authorization for enforcement.

3. If a defendant is arrested for violation of a protection from abuse order issued by a Common Please Court Judge or an emergency order issued by a Magisterial District Judge, the defendant forthwith shall be preliminarily arraigned before a Magisterial District Judge.

4. At the preliminary arraignment, the defendant shall be notified:

(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 on the next available date for such hearings;

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

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 counsel may be obtained from the Bucks County Legal Aid Society (Tel. No. 215-781-3993) and/or the Bucks County Bar Association Lawyer Referral Service (Tel. Nos. 215-348-2937 or 1-(800)-273-2929).

5. The office of the Magisterial District Judge shall cause the following completed forms and bail, if entered, to be forwarded immediately to the Family Court prothonotary, 30 East Court Street, Doylestown, PA 18901: (1) criminal complaint; (2) probable cause affidavit, if any; (3) certificate of bail and discharge of commitment; and (4) receipts for notice of the hearing.

6. Emergency orders under the Protection From Abuse Act may be issued by a District Justice during the weekend periods from 4:00 p.m. Friday to 5:00 a.m. Monday or Tuesday. Emergency proceedings shall be governed by the applicable provisions of Pa.R.C.P.D.J. 1201-1211.

7. In emergency cases, the plaintiff and, if available, the defendant shall be informed:

(a) that the Magisterial District Judge's order will expire at 8:00 a.m. on Monday or Tuesday, if Monday is a Court holiday , and that a further order may be issued only by the Common Pleas Court;

(b) that a certification of the District Justice'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 a hearing will be held in the Court of Common Pleas on the next available date for such hearings;

(d) that plaintiff may obtain counsel as set forth above in paragraph 4;

(e) that if plaintiff fails to appear at the hearing, the petition may be dismissed; and

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

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 Magisterial District Judges.

Plaintiffs shall also be informed that they may receive advice at any time from A Woman's Place, a domestic violence center (Tel. No. 215-343-9241) and from other public and private agencies that have registered with the Magisterial District Judges.

8. The office of the Magisterial District Judge shall cause the emergency order and petition, together with any other documentation and the receipts for notice of the hearing, to be forwarded immediately to the Family Court prothonotary.

9. The Family Court prothonotary shall be responsible for notifying the court administrator's Office of all cases to be scheduled for hearings.

10. In all cases, if plaintiff files an affidavit stating that he or she does not have funds available to pay the costs of filing and service or any other costs, the petition shall be accepted for filing and service shall be made without payment of costs, and leave of Court to proceed in forma pauperis shall not be required. When the petition is filed without payment of costs, if it is determined that the plaintiff is not indigent, the plaintiff may be ordered to pay the Court costs.