Pennsylvania Code (Last Updated: April 5, 2016) |
Title 231. RULES OF CIVIL PROCEDURE |
PART I. GENERAL |
Chapter 1900. ACTIONS PURSUANT TO THE PROTECTION FROM ABUSE ACT |
Section 1901.5. Enforcement
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(a) When an arrest is made for violation of an order, a complaint for indirect criminal contempt shall be completed and signed by either a police officer, the sheriff or the plaintiff. When the complaint is filed by a police officer or sheriff, neither the plaintiffs presence nor signature is required.
(b) If an arrest is not effected, a complaint for indirect criminal contempt may be completed and signed by the plaintiff pursuant to 23 Pa.C.S.A. § 6113.1.
Explanatory Comment2006 The 2005 amendments to the Protection From Abuse Act authorize the sheriff to arrest the defendant for violations of a protection from abuse order. In addition, the sheriff is authorized to exercise a search and seizure of any firearm, other weapon and ammunition subsequent to arrest. 23 Pa.C.S.A. § 6113(a) and (b).
The provisions of this Rule 1901.5 adopted March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369. Immediately preceding text appears at serial page (311799).