PRIOR PRINTER'S NOS. 1988, 2147 PRINTER'S NO. 2284
No. 1717 Session of 1993
INTRODUCED BY VEON, PICCOLA, RICHARDSON, E. Z. TAYLOR, BLAUM,
VANCE, RUDY, TRUE, CARONE, RITTER, BEBKO-JONES, MUNDY,
MANDERINO, RUBLEY, JOSEPHS, HARLEY, STEELMAN, LAUGHLIN,
L. I. COHEN, TIGUE, McCALL, GORDNER, ROBINSON, MASLAND,
SAYLOR, CESSAR, PLATTS, CAPPABIANCA, STURLA, SANTONI, SEMMEL,
HERMAN, KREBS, ULIANA, CAWLEY, GODSHALL, HECKLER,
M. N. WRIGHT, LYNCH, DRUCE, BOYES, CURRY, GERLACH, HESS,
FAJT, BUXTON, PETRARCA, LAUB, BAKER, LEH, BELFANTI, RAYMOND,
MELIO, KASUNIC, SCRIMENTI, GIGLIOTTI, LESCOVITZ, HANNA,
STABACK, FARGO, NYCE, KING, DERMODY, SAURMAN, ROBERTS,
ROEBUCK, WOZNIAK, OLASZ, BUNT, ROONEY, TRICH, SERAFINI,
KUKOVICH, TULLI, PISTELLA, COWELL, D. W. SNYDER, DeLUCA,
BUTKOVITZ, LUCYK, PRESTON, BATTISTO, VAN HORNE, LEVDANSKY,
CHADWICK, STETLER, WILLIAMS, TRELLO, EGOLF, FICHTER, NICKOL,
TANGRETTI, B. SMITH, ALLEN, GEIST, COY, HENNESSEY, MICHLOVIC,
STEIL, LaGROTTA, FLICK, FREEMAN, CIVERA, JAMES AND ZUG,
MAY 28, 1993
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 23, 1993
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for definitions, for
3 registration of protection from abuse orders, for
4 responsibilities of law enforcement agencies, for
5 commencement of protection from abuse proceedings, for
6 hearings on petitions for protection from abuse, for relief,
7 for service of protection from abuse orders, for emergency
8 relief by the minor judiciary, for disclosure of addresses,
9 for arrest, for violation of orders and for indirect criminal
10 contempt; imposing a surcharge against defendants where a
11 protection order is entered; providing for private criminal
12 complaints for violations of orders or agreements and for
13 civil contempt; further providing for confidential
14 communications and for procedure and remedies; and providing
15 for full faith and credit regarding certain orders.
16 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Sections 6102, 6104, 6105, 6106, 6107, 6108,
3 6109(b), 6110(a) and (b), 6111, 6112 and 6113 of Title 23 of the
4 Pennsylvania Consolidated Statutes are amended to read:
5 § 6102. Definitions.
6 (a) General rule.--The following words and phrases when used
7 in this chapter shall have the meanings given to them in this
8 section unless the context clearly indicates otherwise:
9 "Abuse." The occurrence of one or more of the following acts
10 between family or household members, sexual or intimate partners
11 or persons who share biological parenthood:
12 (1) Attempting to cause or intentionally, knowingly or
13 recklessly causing bodily injury, serious bodily injury,
14 rape, spousal sexual assault or involuntary deviate sexual
15 intercourse with or without a deadly weapon.
16 (2) Placing [by physical menace] another in reasonable
17 fear of imminent serious bodily injury.
18 (3) The infliction of false imprisonment pursuant to 18
19 Pa.C.S. § 2903 (relating to false imprisonment).
20 (4) Physically or sexually abusing minor children,
21 including such terms as defined in Chapter 63 (relating to
22 child protective services).
23 (5) Knowingly engaging in a course of conduct or
24 repeatedly committing acts toward another person, including
25 following the person, without proper authority, under
26 circumstances which demonstrate either of the following:
27 (i) an intent to place the person in reasonable fear
28 of bodily injury; or
29 (ii) an intent to cause substantial emotional
30 distress to the person.
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1 "Adult." An individual who is 18 years of age or older.
2 "Confidential communications." [Information] All
3 information, whether written or spoken, transmitted between a
4 victim and a domestic violence counselor or advocate in the
5 course of the relationship. [and in confidence by a means which,
6 insofar as the victim is aware, discloses the information to no
7 third person other than to those who are present to further the
8 interest of the victim in the consultation or assistance, to
9 those who are coparticipants in the counseling service or to
10 those to whom disclosure is reasonably necessary for the
11 transmission of the information or an accomplishment of the
12 purpose for which the domestic violence counselor or advocate is
13 consulted.] The term includes information received or given by
14 the domestic violence counselor or advocate in the course of the
15 relationship, as well as advice, reports [or working papers],
16 statistical data, memoranda or working papers, records or the
17 like, given or made in the course of the relationship.
18 "Crime of domestic violence." Any crime enumerated in 18 <--
19 Pa.C.S. (relating to crimes and offenses) committed by a family
20 or household member against another family or household member.
21 "Domestic violence counselor/advocate." An individual who is
22 engaged in a domestic violence program, [who provides services
23 to victims of domestic violence] the primary purpose of which is
24 the rendering of counseling or assistance to victims of domestic
25 violence, who has undergone 40 hours of training. [and who is
26 under the control of a direct services supervisor of a domestic
27 violence program, the primary purpose of which is the rendering
28 of counseling or assistance to victims of domestic violence.]
29 "Domestic violence program." A nonprofit organization or
30 program whose primary purpose is to provide services to domestic
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1 violence victims which include, but are not limited to, crisis
2 hotline; safe homes or shelters; community education; counseling
3 systems intervention and interface; transportation, information
4 and referral; and victim assistance.
5 "Family or household members." Spouses or persons who have
6 been spouses, persons living as spouses or who lived as spouses,
7 parents and children, other persons related by consanguinity or
8 affinity, current or former sexual or intimate partners or
9 persons who share biological parenthood.
10 "Hearing officer." A district justice, judge of the
11 Philadelphia Municipal Court, bail commissioner appointed under
12 42 Pa.C.S. § 1123 (relating to jurisdiction and venue) and
13 master appointed under 42 Pa.C.S. § 1126 (relating to masters).
14 "Minor." An individual who is not an adult.
15 "Secure visitation facility." A court-approved visitation
16 program offered in a facility with trained professional staff
17 operated in a manner that safeguards children and parents from
18 abuse and abduction.
19 "Victim." A person who is physically or sexually abused by a
20 family or household member. For purposes of section 6116
21 (relating to confidentiality), a victim is a person against whom
22 abuse is committed who consults a domestic violence counselor or
23 advocate for the purpose of securing advice, counseling or
24 assistance. The term shall also include persons who have a
25 significant relationship with the victim and who seek advice,
26 counseling or assistance from a domestic violence counselor or
27 advocate regarding abuse of the victim.
28 (b) Other terms.--Terms not otherwise defined in this
29 chapter shall have the meaning given to them in 18 Pa.C.S.
30 (relating to crimes and offenses).
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1 § 6104. Registration of order.
2 (a) Registry.--The prothonotary shall maintain a registry in
3 which it shall enter certified copies of orders entered by
4 courts from other jurisdictions in this Commonwealth pursuant to
5 this chapter.
6 (b) Registration of order in any county.--A plaintiff who
7 obtains a valid order under this chapter may register that order
8 without fee or cost in any county within this Commonwealth where
9 the plaintiff believes enforcement may be necessary. A court
10 shall recognize and enforce a valid order under this chapter
11 which has been issued by another court but properly registered
12 with a county within the judicial district of the court where
13 enforcement is sought[.] or recorded in the registry of the
14 Pennsylvania State Police. County registries shall not be
15 required when the Pennsylvania State Police registry, provided
16 for in section 6105(e) (relating to responsibilities of local
17 law enforcement agencies) is established and is fully
18 operational. A court shall recognize and enforce a valid order
19 which has been issued by a comparable court in another state and
20 properly registered within a county where enforcement is sought
21 or recorded in the registry of the Pennsylvania State Police.
22 (c) Certified copy.--A valid order under this chapter may be
23 registered by the plaintiff in a county other than the issuing
24 county by obtaining a certified copy of the order of the issuing
25 court endorsed by the prothonotary of that court and presenting
26 that certified order to the prothonotary where the order is to
27 be registered.
28 (d) Proof of registration.--Upon receipt of a certified
29 order for registration, the prothonotary shall provide the
30 plaintiff with a copy bearing the proof of registration to be
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1 filed with the appropriate law enforcement agency.
2 (e) Registration not required.--Registration of orders under
3 this section shall not be required upon the establishment and
4 operation of the Pennsylvania State Police registry provided for
5 in section 6105(e).
6 § 6105. Responsibilities of [local] law enforcement agencies. <--
7 (a) General rule.--The police department of each municipal
8 corporation, THE PENNSYLVANIA STATE POLICE and the sheriff of <--
9 each county shall insure that all [its officers] their officers,
10 deputies and employees are familiar with the provisions of this
11 chapter. Instruction concerning protection from abuse shall be
12 made a part of the training curriculum for all trainee
13 officers[.] and deputies. All law enforcement agencies within
14 this Commonwealth shall adopt a written domestic violence
15 policy.
16 (b) Notice of services and rights.--Each law enforcement
17 agency shall provide the abused person with oral and written
18 notice of the availability of safe shelter and of domestic
19 violence services in the community, including the hotline number
20 for domestic violence services. The written notice, which shall
21 be in English and Spanish and any additional language required
22 by local rule of court, shall include the following statement:
23 "If you are the victim of domestic violence, you have the
24 right to go to court and file a petition requesting an
25 order for protection from domestic abuse pursuant to the
26 Protection From Abuse Act (23 Pa.C.S. Ch. 61), which
27 could include the following:
28 (1) An order restraining the abuser from further
29 acts of abuse.
30 (2) An order directing the abuser to leave your
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1 household.
2 (3) An order preventing the abuser from entering
3 your residence, school, business or place of employment.
4 (4) An order awarding you or the other parent
5 temporary custody of or temporary visitation with your
6 child or children.
7 (5) An order directing the abuser to pay support to
8 you and the minor children if the abuser has a legal
9 obligation to do so."
10 (c) Mandatory report.--Each law enforcement agency shall
11 make an incident report, ON A FORM PRESCRIBED BY THE <--
12 PENNSYLVANIA STATE POLICE, consistent with the report required
13 by the Federal National Incident-Based Reporting System (NIBRS)
14 which shall include the following:. THE MANDATE FOR INCIDENT <--
15 REPORT COMPLETION SHALL NOT BE OPERATIVE UNTIL THE PENNSYLVANIA
16 STATE POLICE HAVE IMPLEMENTED NIBRS. THE INCIDENT REPORT MAY
17 INCLUDE THE FOLLOWING:
18 (1) Names, addresses and telephone numbers of the
19 victim, the accused, any witnesses and the caller.
20 (2) A second permanent address and telephone number for
21 the victim, such as a close family member or a friend.
22 (3) A statement of the relationship between the victim
23 and the accused.
24 (4) A narrative for the incident, including the date,
25 time and whether the accused appeared intoxicated or under
26 the influence of a controlled substance.
27 (5) What, if any, weapons were used or threatened to be
28 used.
29 (6) A description of any injuries observed by the
30 officer.
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1 (7) A description of any injuries described by the
2 victim, but not observed by the officer and an indication
3 that the injury was not observed.
4 (8) Documentation of any evidence that would tend to
5 establish that a crime was committed.
6 (9) An indication of whether an arrest was made and the
7 reason for electing not to arrest, whether there was a
8 warrantless arrest, an arrest with a warrant or no arrest.
9 (10) Whether the accused actually was arrested or
10 whether there is an outstanding arrest warrant.
11 (11) The crimes with which the accused was charged.
12 (12) If the accused was arrested and arraigned, whether
13 bail was set and any conditions of bail imposed.
14 (13) If the officer did not arrest or seek an arrest
15 warrant even though arrest was authorized, a detailed
16 explanation of the reasons for the officer's decision not to
17 arrest.
18 (14) The names and ages of any children present in the
19 household and their address and telephone number if children
20 were relocated.
21 (15) Notation of previous incidents of which the officer
22 is personally aware.
23 (16) Notation of previous incidents reported by the
24 victim or witnesses.
25 (17) If an officer was injured in the incident, the
26 nature and circumstances of the injury.
27 (d) Notice of arrest.--All law enforcement agencies shall
28 make reasonable efforts to notify any adult or emancipated minor
29 protected by an order issued under this chapter of the arrest of
30 the defendant for violation of an order as soon as possible.
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1 Unless the person cannot be located, notice of the arrest shall
2 be provided not more than 24 hours after preliminary
3 arraignment.
4 (e) Statewide registry.--
5 (1) The Pennsylvania State Police shall establish a
6 Statewide registry of protection orders and shall maintain a
7 complete and systematic record and index of all valid
8 temporary and final court orders of protection or court-
9 approved consent agreements. The Statewide registry shall
10 include, but need not be limited to, the following:
11 (i) The names of the plaintiff and any protected
12 parties.
13 (ii) The name and address of the defendant.
14 (iii) The date the order was entered.
15 (iv) The date the order expires.
16 (v) The relief granted under sections 6108(a)(1),
17 (2), (4), (6) and (7) (relating to relief) and 6110(a)
18 (relating to emergency relief by minor judiciary).
19 (vi) The judicial district in which the order was
20 entered.
21 (vii) Where furnished, the Social Security number
22 and date of birth of the defendant.
23 (2) The prothonotary shall send, ON A FORM PRESCRIBED BY <--
24 THE PENNSYLVANIA STATE POLICE, a copy of the protection order
25 or approved consent agreement to the Statewide registry of
26 protection orders so that it is received within 24 hours of
27 the entry of the order. Likewise, amendments to or revocation
28 of an order shall be transmitted by the prothonotary within
29 24 hours of the entry of the order for modification or
30 revocation. The Pennsylvania State Police shall enter orders,
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1 amendments and revocations in the Statewide registry of
2 protection orders within eight hours of receipt.
3 (3) The registry of the Pennsylvania State Police shall
4 be available at all times to inform courts, dispatchers and
5 law enforcement officers of any valid protection order
6 involving any defendant.
7 (f) Information concerning crimes of violence.--Each police
8 department in a city, borough or township and the Pennsylvania
9 State Police shall transmit to the Pennsylvania State Police, in
10 a manner prescribed by the Pennsylvania State Police, the
11 information specified in subsection (c) related to crimes of
12 violence between family or household members.
13 (g) Annual report.--The Pennsylvania State Police shall
14 annually compile and analyze the incident report data received
15 and publish a Statewide report which includes aggregate, county
16 and department-based statistical profiles. The Pennsylvania
17 State Police shall transmit a copy of the annual report to the
18 Governor, the General Assembly and to each police department and <--
19 each domestic violence program in this Commonwealth.
20 § 6106. Commencement of proceedings.
21 (a) General rule.--An adult or an emancipated minor may seek
22 relief under this chapter for that person or any parent, adult
23 household member or guardian ad litem may seek relief under this
24 chapter on behalf of minor children, or a guardian of the person
25 of an adult who has been declared incompetent under 20 Pa.C.S.
26 Ch. 51 Subch. B (relating to appointment of guardian) may seek
27 relief on behalf of the incompetent adult, by filing a petition
28 with the court alleging abuse by the defendant.
29 (A.1) FALSE REPORTS.--A PERSON WHO KNOWINGLY GIVES FALSE <--
30 INFORMATION TO ANY LAW ENFORCEMENT OFFICER WITH THE INTENT TO
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1 IMPLICATE ANOTHER UNDER THIS CHAPTER COMMITS AN OFFENSE UNDER 18
2 PA.C.S. § 4906 (RELATING TO FALSE REPORTS TO LAW ENFORCEMENT
3 AUTHORITIES).
4 (b) [Affidavit of insufficient funds for fees.--If the
5 plaintiff files an affidavit stating that plaintiff does not
6 have funds available to pay the fees for filing and service,
7 the] No prepayment of fees.--The petition shall be filed and
8 service shall be made without [payment of fees] prepayment of
9 fees.[, and leave of court to proceed in forma pauperis shall
10 not be required.
11 (c) Determination of indigency.--When the petition is filed
12 without payment of fees, the court shall determine at the
13 hearing on the petition whether the plaintiff is able to pay the
14 costs of filing and service. If the plaintiff is unable to pay
15 the costs of filing and service, the court may waive the payment
16 of costs or, if the plaintiff prevails in the action, assign
17 them to the defendant. This subsection and subsection (b) apply
18 to courts of common pleas and hearing officers.]
19 (c) Assessment of fees and costs.--If the plaintiff prevails
20 in the action, fees and costs shall be assigned to the
21 defendant, or, should the court determine that the defendant is
22 not able to pay the costs of filing and service, the court shall
23 waive fees and costs. If the plaintiff does not prevail, costs
24 of filing and service may be assigned to the plaintiff or,
25 should the court determine that the plaintiff is not able to pay
26 the costs of filing and service, the court shall waive fees and
27 costs.
28 (d) Surcharge on order.--When a protection order is granted
29 under section 6107(a) (relating to hearings), other than
30 pursuant to an agreement of the parties, a surcharge of $25
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1 shall be assessed against the defendant. All moneys received
2 from surcharges shall be forwarded to the Commonwealth and shall
3 be used by the Pennsylvania State Police to establish and
4 maintain the Statewide registry of protection orders provided
5 for in section 6105 (relating to responsibilities of local law
6 enforcement agencies).
7 [(d)] (e) Court to adopt means of service.--The court shall
8 adopt a means of prompt and effective service in those instances
9 where the plaintiff avers that service cannot be safely effected
10 by an adult individual other than a law enforcement officer or
11 where the court so orders.
12 [(e)] (f) Service by sheriff.--[If the plaintiff files an
13 affidavit stating that the plaintiff does not have funds
14 available to pay the costs of filing and service or if] If the
15 court so orders, the sheriff or other designated agency or
16 individual shall serve the petition and order [without
17 prepayment of costs].
18 [(f)] (g) Service of petition and orders.--The petition and
19 orders shall be served upon the defendant, and orders shall be
20 served upon the police departments with appropriate jurisdiction
21 to enforce the orders. Orders shall be promptly served on the
22 police. Failure to serve shall not stay the effect of a valid
23 order.
24 [(g)] (h) Assistance and advice to plaintiff.--The courts
25 and hearing officers shall:
26 (1) Provide simplified forms and clerical assistance in
27 English and Spanish to help with the writing and filing of
28 the petition for a protection order for an individual not
29 represented by counsel.
30 (2) [Advise a plaintiff not represented by counsel of
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1 the right to file an affidavit stating that the plaintiff
2 does not have funds available to pay the costs of filing and
3 service and assist with the writing and filing of the
4 affidavit] Provide the plaintiff with written and oral
5 referrals, in English and Spanish, to the local domestic
6 violence program, to the local legal services office and to
7 the county bar association's lawyer referral service.
8 § 6107. Hearings.
9 (a) General rule.--Within ten days of the filing of a
10 petition under this chapter, a hearing shall be held before the
11 court, at which the plaintiff must prove the allegation of abuse
12 by a preponderance of the evidence. The court shall advise the
13 defendant of the right to be represented by counsel.
14 (b) Temporary orders.--If a plaintiff petitions for
15 temporary order for protection from abuse and alleges immediate
16 and present danger of abuse to the plaintiff or minor children,
17 the court shall conduct an ex parte proceeding. The court may
18 enter such a temporary order as it deems necessary to protect
19 the plaintiff or minor children when it finds they are in
20 immediate and present danger of abuse. The order shall remain in
21 effect until modified or terminated by the court after notice
22 and hearing. Any order issued under this section shall, where
23 furnished by the plaintiff, specify the Social Security number
24 and date of birth of the defendant.
25 (c) Continued hearings.--If a hearing under subsection (a)
26 is continued and no temporary order is issued, the court may
27 make [or extend such] ex parte temporary orders under subsection
28 (b) as it deems necessary.
29 [(d) Costs.--If the plaintiff prevails, the court shall
30 assign costs to the defendant unless the parties agree
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1 otherwise. If the defendant is indigent, costs shall be waived.]
2 § 6108. Relief.
3 (a) General rule.--The court may grant any protection order
4 or approve any consent agreement to bring about a cessation of
5 abuse of the plaintiff or minor children. The order or agreement
6 may include:
7 (1) Directing the defendant to refrain from abusing the
8 plaintiff or minor children.
9 (2) Granting possession to the plaintiff of the
10 residence or household to the exclusion of the defendant by
11 evicting the defendant or restoring possession to the
12 plaintiff when the residence or household is jointly owned or
13 leased by the parties, is owned or leased by the entireties
14 or is owned or leased solely by the plaintiff.
15 (3) When the defendant has a duty to support the
16 plaintiff or minor children living in the residence or
17 household and the defendant is the sole owner or lessee,
18 granting possession to the plaintiff of the residence or
19 household to the exclusion of the defendant by evicting the
20 defendant or restoring possession to the plaintiff or, [by
21 consent agreement, allowing] with the consent of the
22 plaintiff, ordering the defendant to provide suitable
23 alternate housing.
24 (4) Awarding temporary custody of or establishing
25 temporary visitation rights with regard to minor children. A
26 defendant shall not be granted custody [or] , partial custody
27 or unsupervised visitation where it is alleged in the
28 petition, and the court finds after a hearing under this
29 chapter, that the defendant abused the minor children of the
30 parties or where the defendant has been convicted of
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1 violating 18 Pa.C.S. § 2904 (relating to interference with
2 custody of children) within two calendar years prior to the
3 filing of the petition for protection order. Where the court
4 finds after a hearing under this chapter that the defendant
5 has inflicted abuse upon the plaintiff or a child, the court
6 may require supervised custodial access by a third party. The
7 third party must agree to be accountable to the court for
8 supervision and execute an affidavit of accountability. Where
9 the court finds after a hearing under this chapter that the
10 defendant has inflicted serious abuse upon the plaintiff or a
11 child or poses a risk of abuse toward the plaintiff or a
12 child, the court may award supervised visitation in a secure
13 visitation facility or may deny the defendant custodial
14 access to a child. If a plaintiff petitions for a temporary
15 order under section 6107(b) (relating to hearings) and the
16 defendant has partial, shared or full custody of the minor
17 children of the parties by order of court or written
18 agreement of the parties, the custody shall not be disturbed
19 or changed unless the court finds that the defendant is
20 likely to inflict abuse upon the children or to remove the
21 children from the jurisdiction of the court prior to the
22 hearing under section 6107(a). Where the defendant has
23 forcibly or fraudulently removed any minor child from the
24 care and custody of a plaintiff, the court shall order the
25 return of the child to the plaintiff unless the child would
26 be endangered by restoration to the plaintiff. Nothing in
27 this paragraph shall bar either party from filing a petition
28 for custody under Chapter 53 (relating to custody) or under
29 the Pennsylvania Rules of Civil Procedure. [The] In order to
30 prevent further abuse during periods of access to the
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1 plaintiff and child during the exercise of custodial rights,
2 the court shall consider, and may impose on a custody award,
3 conditions necessary to assure the safety of the plaintiff
4 and minor children from abuse.
5 (5) After a hearing in accordance with section 6107(a),
6 directing the defendant to pay financial support to those
7 persons the defendant has a duty to support[.], requiring the
8 defendant, under sections 4324 (relating to inclusion of
9 medical support) and 4326 (relating to mandatory inclusion of
10 child medical support), to provide health coverage for the
11 minor child and spouse, directing the defendant to pay all of
12 the unreimbursed medical expenses of a spouse or minor child
13 of the defendant to the provider or to the plaintiff when he
14 or she has paid for the medical treatment, and directing the
15 defendant to make or continue to make rent or mortgage
16 payments on the residence of the plaintiff when the defendant
17 has a duty to support the plaintiff or other dependent
18 household members. The support order shall be temporary, and
19 any beneficiary of the order must file a complaint for
20 support under the provisions of Chapters 43 (relating to
21 support matters generally) and 45 (relating to reciprocal
22 enforcement of support orders) within two weeks of the date
23 of the issuance of the protection order. If a complaint for
24 support is not filed, that portion of the protection order
25 requiring the defendant to pay support is void. When there is
26 a subsequent ruling on a complaint for support, the portion
27 of the protection order requiring the defendant to pay
28 support expires.
29 (6) Prohibiting the defendant from having any contact
30 with the plaintiff or minor children, including, but not
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1 limited to, restraining the defendant from entering the place
2 of employment or business or school of the plaintiff or minor
3 children and from harassing the plaintiff or plaintiff's
4 relatives or minor children.
5 (7) Ordering the defendant to temporarily relinquish to
6 the sheriff the defendant's weapons which have been used or
7 been threatened to be used in an incident of abuse against
8 the plaintiff or the minor children, and prohibiting the
9 defendant from acquiring or possessing any other weapons for
10 the duration of the order. The court's order shall provide
11 for the return of the weapons to the defendant subject to any
12 restrictions and conditions as the court shall deem
13 appropriate to protect the plaintiff or minor children from
14 further abuse through the use of weapons.
15 (8) Directing the defendant to pay the plaintiff for
16 reasonable losses suffered as a result of the abuse,
17 including medical, dental, relocation and moving expenses;
18 counseling; loss of earnings or support; costs of repair or
19 replacement of real or personal property damaged, destroyed
20 or taken by the defendant or at the direction of the
21 defendant and other out-of-pocket losses for injuries
22 sustained. In addition to out-of-pocket losses, the court may
23 direct the defendant to pay reasonable attorney fees. An
24 award under this chapter shall not constitute a bar to
25 litigation for civil damages for injuries sustained from the
26 acts of abuse giving rise to the award or a finding of
27 contempt under this chapter.
28 (9) Granting any other appropriate relief sought by the
29 plaintiff.
30 (b) Identifying information.--Any order issued under this
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1 section shall, where furnished by either party specify the
2 Social Security number and date of birth of the defendant.
3 (c) Mutual orders of protection.--Mutual orders of
4 protection shall not be awarded unless both parties have filed
5 timely written petitions, complied with service requirements
6 under section 6106 (relating to commencement of proceedings),
7 and are eligible for protection under this chapter. The court
8 shall make separate findings and, where issuing orders on behalf
9 of both petitioners, enter separate orders.
10 [(b)] (d) Duration and amendment of order or agreement.--A
11 protection order or approved consent agreement shall be for a
12 fixed period of time not to exceed one year. The court may amend
13 its order or agreement at any time upon subsequent petition
14 filed by either party.
15 [(c) Title to real property unaffected.--No order or
16 agreement under this chapter shall in any manner affect title to
17 any real property.]
18 (e) Extension of protection orders.--
19 (1) An extension of a protection order may be granted:
20 (i) Upon a finding that the defendant committed one
21 or more acts of abuse subsequent to the entry of the
22 final order or that the defendant engaged in a pattern or
23 practice that indicates continued risk of harm to the
24 plaintiff or minor child.
25 (ii) When a contempt petition or charge has been
26 filed, but the hearing has not occurred before the
27 expiration of the protection order, the order shall be
28 extended, at a minimum, until the disposition of the
29 contempt petition.
30 (2) Service of an extended order shall be made in
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1 accordance with section 6109 (relating to service of orders).
2 (3) There shall be no limitation on the number of
3 extensions that may be granted.
4 (f) Support procedure.--The domestic relations section shall
5 enforce any support award in a protection order where the
6 plaintiff files a complaint for support under subsection (a)(5).
7 (g) Notice.--Notice shall be given to the defendant, in
8 orders issued under this section, stating that violations of an
9 order will subject the defendant to arrest under section 6113
10 (relating to arrest for violation of order) OR contempt of court <--
11 under section 6114 (relating to contempt for violation of order
12 or agreement), 6115 (relating to reporting abuse and immunity) <--
13 or 6116 (relating to confidentiality). Resumption of coresidency
14 on the part of the plaintiff and defendant shall not nullify the
15 provisions of the court order.
16 (h) Title to real property unaffected.--No order or
17 agreement under this chapter shall in any manner affect title to
18 any real property.
19 § 6109. Service of orders.
20 * * *
21 (b) Placement in [county] registry.--Upon receipt of an
22 order, the police department shall immediately place the order
23 in a county registry of protection orders. The police department
24 shall assure that the registry is current at all times and that
25 orders are removed upon expiration thereof. County registries
26 shall not be required when the Pennsylvania State Police
27 registry, provided for in section 6105(e) (relating to
28 responsibilities of local law enforcement agencies), is
29 established and is fully operational.
30 § 6110. Emergency relief by minor judiciary.
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1 (a) General rule.--When:
2 (1) in counties with less than four judges, the court is
3 unavailable:
4 (i) from the close of business at the end of each
5 day to the resumption of business the next morning;
6 (ii) from the end of the business week to the
7 beginning of the business week; and
8 (iii) during the business day by reason of duties
9 outside the county, illness or vacation;
10 (2) in counties with at least four judges, the court is
11 unavailable:
12 (i) from the close of business at the end of each
13 day to the resumption of business the next morning; and
14 (ii) from the end of the business week to the
15 beginning of the business week;
16 a petition may be filed before a hearing officer who may grant
17 relief in accordance with section 6108(a)(1) [and (2) or (1) and
18 (3)], (2) and (6) or (1) and (6) (relating to relief) if the
19 hearing officer deems it necessary to protect the plaintiff or
20 minor children from abuse upon good cause shown in an ex parte
21 proceeding. Immediate and present danger of abuse to the
22 plaintiff or minor children shall constitute good cause for the
23 purposes of this subsection.
24 (b) Expiration of order.--An order issued under subsection
25 (a) shall expire [as of the resumption of business of the court
26 at the beginning] at the end of the next business day[, at which
27 time the] the court deems itself available. The court shall
28 schedule hearings on protection orders entered by hearing
29 officers under subsection (a) and shall review and continue in
30 effect protection orders that are necessary to protect the
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1 plaintiff or minor children from abuse until the hearing, at
2 which time the plaintiff may seek a temporary order from the
3 court.
4 * * *
5 § 6111. Domestic violence counselor/advocate.
6 A domestic violence counselor/advocate may accompany a party
7 to [a] any legal proceeding or hearing under this chapter.
8 § 6112. Disclosure of addresses.
9 During the course of a proceeding under this chapter, the
10 court or hearing officer may consider whether the plaintiff or
11 plaintiff's family is endangered by disclosure of the permanent
12 or temporary address of the plaintiff or minor children. Neither
13 in the pleadings nor during proceedings or hearings under this
14 chapter shall the court or hearing officer require disclosure of
15 the address of a domestic violence program. Where the court
16 concludes that the defendant poses a threat of continued danger
17 to the plaintiff and where the plaintiff requests that his or
18 her address, telephone number and information about whereabouts
19 not be disclosed, the court shall enter an order directing that
20 law enforcement agencies, human service agencies and school
21 districts (both in which a plaintiff's child in custody of the
22 plaintiff is or has been enrolled) shall not disclose the
23 presence of the plaintiff or the child in the jurisdiction or
24 district or furnish any address, telephone number or any other
25 demographic information about the plaintiff and child except by
26 further order of the court. Children who are the subject of a <--
27 custody award in an order under this chapter shall not be placed
28 in the Missing Persons File under 18 Pa.C.S. § 2908 (relating to
29 missing children) except by order of the court when the parent
30 allegedly concealing or absconding is the plaintiff or abused
19930H1717B2284 - 21 -
1 adult in proceedings under this chapter.
2 § 6113. Arrest for violation of order.
3 (a) General rule.--An arrest for violation of an order
4 issued pursuant to this chapter may be without warrant upon
5 probable cause whether or not the violation is committed in the
6 presence of the police officer in circumstances where the
7 defendant has violated a provision of an order consistent with
8 section 6108(a)(1), (2), (3), (4), (6) or (7) (relating to
9 relief). The police officer may verify, if necessary, the
10 existence of a protection order by telephone or radio
11 communication with the appropriate police department, county
12 registry or issuing authority. A police officer shall arrest a
13 defendant for violating an order issued under this chapter by a
14 court within the judicial district, issued by a court in another
15 judicial district within this Commonwealth or issued by another
16 state and registered pursuant to this chapter or verified
17 through the Pennsylvania State Police registry.
18 (b) Seizure of weapons.--Subsequent to an arrest, the police
19 officer shall seize all weapons used or threatened to be used
20 during the violation of the protection order or during prior
21 incidents of abuse. As soon as it is reasonably possible, the
22 arresting officer shall deliver the confiscated weapons to the
23 office of the sheriff. The sheriff shall maintain possession of
24 the weapons until the court issues an order specifying the
25 weapons to be relinquished and the persons to whom the weapons
26 shall be relinquished.
27 (c) Procedure following arrest.--Subsequent to an arrest,
28 the defendant shall be taken by the police officer without
29 unnecessary delay before the court in the judicial district
30 where the contempt is alleged to have occurred. When that court
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1 is unavailable, the police officer shall convey the defendant to
2 a district justice designated as appropriate by local rules of
3 court, or, in the city of Pittsburgh, to a magistrate of the
4 Pittsburgh Magistrates Court or, in counties of the first class,
5 to the appropriate hearing officer. For purposes of procedure
6 relating to arraignments for arrest for violation of an order
7 issued under this chapter, the judges of Pittsburgh Magistrates
8 Court shall be deemed to be district justices.
9 (d) Preliminary arraignment.--The defendant shall be
10 afforded a preliminary arraignment without unnecessary delay.
11 (e) Other emergency powers unaffected.--This section shall
12 not be construed to in any way limit any of the other powers for
13 emergency relief provided in this chapter.
14 (f) Hearing.--A hearing [on a charge or allegation of
15 indirect criminal contempt] shall be scheduled within ten days
16 of the filing of the charge or complaint of indirect criminal
17 contempt. The hearing and any adjudication shall not preclude a
18 hearing on other criminal charges underlying the contempt, nor
19 shall a hearing or adjudication on other criminal charges
20 preclude a hearing on a charge of indirect criminal contempt.
21 [(g) Notice.--Notice shall be given to the defendant, in
22 orders issued pursuant to section 6108 (relating to relief), of
23 the possible ramifications of resumption of residence in the
24 family domicile contrary to court order. Resumption of co-
25 residence on the part of the plaintiff and defendant shall not
26 nullify the provisions of the court order directing the
27 defendant to refrain from abusing the plaintiff or minor
28 children.]
29 Section 2. Title 23 is amended by adding a section to read:
30 § 6113.1. Private criminal complaints for violation of order or
19930H1717B2284 - 23 -
1 agreement.
2 (a) General rule.--A plaintiff may file a private criminal
3 complaint against a defendant, alleging indirect criminal
4 contempt for a noneconomic violation of any provision of an
5 order or court-approved consent agreement issued under this
6 chapter, with the court, the office of the district attorney or
7 the district justice in the jurisdiction or county where the
8 violation occurred, except that in a city of the first class a
9 complaint may only be filed with the court or the office of the
10 district attorney.
11 (b) Procedure service.--Procedure for filing and service of
12 a private criminal complaint shall be provided as set forth by
13 local rule.
14 Section 3. Section 6114 of Title 23 is amended to read:
15 § 6114. Contempt for violation of order or agreement.
16 (a) General rule.--[Upon] Where the police or the plaintiff
17 have filed charges of indirect criminal contempt against a
18 defendant for violation of a protection order issued under this
19 chapter or a court-approved consent agreement, the court may
20 hold the defendant in indirect criminal contempt and punish the
21 defendant in accordance with law.
22 (a.1) Jurisdiction.--A court shall have jurisdiction over
23 indirect criminal contempt charges for violation of a protection
24 order in the county where the violation occurred.
25 (b) Trial and punishment.--A sentence for contempt under
26 this chapter may include imprisonment up to six months or a fine
27 [not to exceed] of not less than $100 nor more than $1,000, or
28 both, and may include other relief set forth in this chapter.
29 All moneys received under this section shall be forwarded to the
30 Commonwealth and shall be used by the Pennsylvania State Police
19930H1717B2284 - 24 -
1 to establish and maintain the Statewide registry of protection
2 orders provided for in section 6105 (relating to
3 responsibilities of local law enforcement agencies). The
4 defendant shall not have a right to a jury trial on such a
5 charge; however, the defendant shall be entitled to counsel.
6 (c) Notification upon release.--The plaintiff shall be
7 notified by the district attorney, or other official as
8 designated by local rule, sufficiently in advance of the release
9 of the offender from any incarceration imposed under subsection
10 (b). Notification shall be required for work release, furlough,
11 medical leave, community service, discharge, escape and
12 recapture. Notification shall include the terms and conditions
13 imposed on any temporary release from custody. The plaintiff
14 must keep the district attorney advised of contact information;
15 failure to do so will constitute waiver of any right to
16 notification under this section.
17 (d) Multiple remedies.--Disposition of a charge of indirect
18 criminal contempt shall not preclude the prosecution of other
19 criminal charges associated with the incident giving rise to the
20 contempt, nor shall disposition of other criminal charges
21 preclude prosecution of indirect criminal contempt associated
22 with the criminal conduct giving rise to the charges.
23 Section 4. Title 23 is amended by adding a section to read:
24 § 6114.1. Civil contempt or modification for violation of an
25 order or agreement.
26 (a) General rule.--A plaintiff may file a petition for civil
27 contempt with the issuing court alleging that the defendant has
28 violated any provision of an order or court-approved agreement
29 issued under this chapter.
30 (b) Civil contempt order.--Upon finding of a violation of a
19930H1717B2284 - 25 -
1 protection order or court-approved consent agreement issued
2 under this chapter, the court, either pursuant to petition for
3 civil contempt or on its own accord, may hold the defendant in
4 civil contempt and constrain him in accordance with law.
5 (c) Sentencing.--A sentence for civil contempt under this
6 chapter may include imprisonment until the defendant complies
7 with provisions in the order or consent agreement or
8 demonstrates the intent to do so, but in no case shall a term of
9 imprisonment under this section exceed a period of six months.
10 (d) Jury trial and counsel.--The defendant shall not have a
11 right to a jury trial; however, the defendant shall be entitled
12 to counsel.
13 Section 5. Sections 6116 and 6117 of Title 23 are amended to
14 read:
15 § 6116. Confidentiality.
16 Unless a victim waives the privilege in a signed writing
17 prior to testimony or disclosure, a domestic violence
18 counselor/advocate and any participant in domestic violence
19 services shall not be competent nor permitted to testify or to
20 otherwise disclose confidential communications made to or by the
21 counselor/advocate by or to a victim. The privilege shall
22 terminate upon the death of the victim. Neither the domestic
23 violence counselor/advocate nor the victim shall waive the
24 privilege of confidential communications by reporting facts of
25 physical or sexual assault under Chapter 63 (relating to child
26 protective services), a Federal or State mandatory reporting
27 statute or a local mandatory reporting ordinance.
28 § 6117. Procedure and other remedies.
29 Unless otherwise indicated in this chapter, a proceeding
30 under this chapter shall be in accordance with applicable
19930H1717B2284 - 26 -
1 general rules and shall be in addition to any other available
2 civil or criminal remedies. The plaintiff and the defendant may
3 seek modification of an order issued under section 6108
4 (relating to relief) at any time during the pendency of an
5 order. Modification may be ordered after the filing of a
6 petition for modification, service of the petition and a hearing
7 on the petition.
8 Section 6. Title 23 is amended by adding a section to read:
9 § 6118. Full faith and credit.
10 (a) General rule.--Any protection order issued by a court of
11 another state and registered under section 6104 (relating to
12 registration of order) shall be accorded full faith and credit
13 by the courts of common pleas of this Commonwealth and enforced
14 as if it were issued in this Commonwealth only if the issuing
15 court had jurisdiction under the law of the other state at the
16 time of issuance.
17 (b) Affirmative defense.--A defendant must have been given
18 reasonable notice and the opportunity to be heard before the
19 order of the other state was issued, provided, in the case of ex
20 parte orders, notice and opportunity to be heard was given as
21 soon as possible after the order was issued, consistent with due
22 process. Failure to provide reasonable notice and opportunity to
23 be heard shall be an affirmative defense to enforcement of the
24 registered protection order.
25 Section 7. This act shall take effect in 60 days.
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