1192 Recommendation 120?

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 1900 ]

Amendments to the Rules of Civil Procedure Relating to Domestic Relations Matters; Recommendation 120

[42 Pa.B. 3722]
[Saturday, June 30, 2012]

 The Domestic Relations Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend the Rules of Civil Procedure relating to domestic relations matters as set forth herein. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.

 Notes and explanatory comments which appear with proposed amendments have been inserted by the committee for the convenience of those using the rules. Reports, notes and comments will not constitute part of the rules and will not be officially adopted or promulgated by the Supreme Court.

 The committee solicits and welcomes comments and suggestions from all interested persons prior to submission of this proposal to the Supreme Court of Pennsylvania. Please submit written comments no later than Friday, August 10, 2012 directed to:

Patricia A. Miles, Esquire
Counsel, Domestic Relations Procedural Rules Committee
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 6200
P. O. Box 62635
Harrisburg, PA 17106-2635
Fax: [phone]
E-mail: [e-mail]

By the Domestic Relations
Procedural Rules Committee

CAROL S. MILLS McCARTHY, 
Chair

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1900. ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT

Rule 1901.8. Withdrawal, Modification or Discontinuance.

 A petitioner who has a protection from abuse order against another party and wishes to withdraw, discontinue or modify the action shall file a petition with the court. The court shall enter an order granting or denying the petition following an appearance by the petitioner before the court.

Explanatory Comment—2012

 Some jurisdictions have allowed the discontinuance of a protection from abuse action by praecipe, even after a temporary or final order has been entered. Rule 1901.8 requires that the plaintiff in a protection from abuse case must file a petition and appear before the court so that the court can make an informed decision as to whether or not to grant the requested relief.

[Pa.B. Doc. No. 12-1192. Filed for public inspection June 29, 2012, 9:00 a.m.]