§ 6114. Contempt for violation of order or agreement.
(a) General rule.--Where the police, sheriff or the
plaintiff have filed charges of indirect criminal contempt
against a defendant for violation of a protection order issued
under this chapter, a foreign protection order or a court-
approved consent agreement, the court may hold the defendant in
indirect criminal contempt and punish the defendant in
accordance with law.
(a.1) Jurisdiction.--A court shall have jurisdiction over
indirect criminal contempt charges for violation of a protection
order issued pursuant to this chapter in the county where the
violation occurred and in the county where the protection order
was granted. A court shall have jurisdiction over indirect
criminal contempt charges for violation of a foreign protection
order in the county where the violation occurred.
(a.2) Minor defendant.--Any defendant who is a minor and who
is charged with indirect criminal contempt for allegedly
violating a protection from abuse order shall be considered to
have committed an alleged delinquent act as that term is defined
in 42 Pa.C.S. § 6302 (relating to definitions) and shall be
treated as provided in 42 Pa.C.S. Ch. 63 (relating to juvenile
matters).
(b) Trial and punishment.--
(1) A sentence for contempt under this chapter may
include:
(i) (A) a fine of not less than $300 nor more than
$1,000 and imprisonment up to six months; or
(B) a fine of not less than $300 nor more than
$1,000 and supervised probation not to exceed six
months; and
(ii) an order for other relief set forth in this
chapter.
(2) All money received under this section shall be
distributed in the following order of priority:
(i) $100 shall be forwarded to the Commonwealth and
shall be appropriated to the Pennsylvania State Police to
establish and maintain the Statewide registry of
protection orders provided for in section 6105 (relating
to responsibilities of law enforcement agencies).
(ii) $100 shall be retained by the county and shall
be used to carry out the provisions of this chapter as
follows:
(A) $50 shall be used by the sheriff.
(B) $50 shall be used by the court.
(iii) $100 shall be forwarded to the Department of
Public Welfare for use for victims of domestic violence
in accordance with the provisions of section 2333 of the
act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929.
(iv) Any additional money shall be forwarded to the
Commonwealth and shall be used by the Pennsylvania State
Police to establish and maintain the Statewide registry
of protection orders provided for in section 6105.
(3) The defendant shall not have a right to a jury trial
on a charge of indirect criminal contempt. However, the
defendant shall be entitled to counsel.
(4) Upon conviction for indirect criminal contempt and
at the request of the plaintiff, the court shall also grant
an extension of the protection order for an additional term.
(5) Upon conviction for indirect criminal contempt, the
court shall notify the sheriff of the jurisdiction which
issued the protection order of the conviction.
(6) The minimum fine required by subsection (b)(1)
allocated pursuant to subsection (b)(2)(i) and (iii) shall be
used to supplement and not to supplant any other source of
funds received for the purpose of carrying out the provisions
of this chapter.
(c) Notification upon release.--The appropriate releasing
authority or other official as designated by local rule shall
use all reasonable means to notify the victim sufficiently in
advance of the release of the offender from any incarceration
imposed under subsection (b). Notification shall be required for
work release, furlough, medical leave, community service,
discharge, escape and recapture. Notification shall include the
terms and conditions imposed on any temporary release from
custody. The plaintiff must keep the appropriate releasing
authority or other official as designated by local rule advised
of contact information; failure to do so will constitute waiver
of any right to notification under this section.
(d) Multiple remedies.--Disposition of a charge of indirect
criminal contempt shall not preclude the prosecution of other
criminal charges associated with the incident giving rise to the
contempt, nor shall disposition of other criminal charges
preclude prosecution of indirect criminal contempt associated
with the criminal conduct giving rise to the charges.
(Oct. 6, 1994, P.L.574, No.85, eff. 60 days; Mar. 24, 1998,
P.L.204, No.36, eff. 60 days; June 22, 2001, P.L.576, No.39,
eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)
Cross References. Section 6114 is referred to in sections
5329, 6108 of this title; sections 4136, 4137 of Title 42
(Judiciary and Judicial Procedure).
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