Pennsylvania Code (Last Updated: April 5, 2016) |
Title 246. MINOR COURT CIVIL RULES |
PART I. GENERAL |
Chapter 1200. EMERGENCY RELIEF FROM ABUSE, SEXUAL VIOLENCE OR INTIMIDATION |
Section 1207. Hearing
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As soon as possible after the filing of the petition, the hearing officer shall hold an ex parte hearing thereon. The plaintiff may present witnesses at the hearing. Neither in the petition nor during a hearing shall the hearing officer require disclosure of the address of a domestic violence program, a rape crisis center, or the plaintiff or victim, as appropriate.
Official Note
The hearing is ex parte, and the emergency order issued by the hearing officer as a result of the hearing is of short duration. See 23 Pa.C.S. § 6110(a)(b), 42 Pa.C.S. § 62A09(a)(b). Accordingly, there are no provisions in these rules for notice to the defendant prior to the hearing. The hearing need not be held at the office of the hearing officer. See Rule 215 (permitting the use of advanced communication technology in any civil action or proceeding governed by the Rules of Civil Procedure for Magisterial District Judges.) The last phrase was added to ensure compliance with Section 6112 of the Act, 23 Pa.C.S. § 6112 and 42 Pa.C.S. § 62A11. Nothing in the last phrase is intended to preclude a magisterial district judge from determining that venue is proper pursuant to Rule 1204.
The provisions of this Rule 1207 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811. Immediately preceding text appears at serial page (285624).