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Legal Statutes: Pennsylvania

UPDATED May 25, 2017

Pennsylvania Statutes

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Chapter 61. Protection from Abuse

back to top6113.1. Private criminal complaints for violation of order or agreement

(a) General rule.--A plaintiff may file a private criminal complaint against a defendant, alleging indirect criminal contempt for a noneconomic violation of any provision of an order or court-approved consent agreement issued under this chapter or a foreign protection order, with the court, the office of the district attorney or the magisterial district judge in the jurisdiction or county where the violation occurred, except that, in a city of the first class, a complaint may only be filed with the family division of the court of common pleas or the office of the district attorney.

(b) Procedure service.--Procedure for filing and service of a private criminal complaint shall be provided as set forth by local rule. No fees or costs associated with the prosecution of the private criminal complaint shall be assigned to the plaintiff at any stage of the proceeding, including, but not limited to, filing, service, failure to prosecute, withdrawal or dismissal. Nothing in this subsection is intended to expand or diminish the court's authority to enter an order pursuant to Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of Documents. Representations to the Court. Violation).

(c) Fees and costs.--After a finding of indirect criminal contempt, fees and costs may be assessed against the defendant. The court shall waive fees and costs imposed pursuant to this chapter upon a showing of good cause or when the court makes a finding that the defendant is not able to pay the costs associated with the indirect criminal contempt action. Nothing in this subsection is intended to expand or diminish the court's authority to enter an order pursuant to Pa.R.C.P. No. 1023.1.
 
History

1994, Oct. 6, P.L. 574, No. 85, § 2, effective in 60 days. Amended 2001, June 22, P.L. 576, No. 39, § 5, effective in 60 days; 2004, Nov. 30, P.L. 1618, No. 207, § 8, effective Jan. 31, 2005; 2005, Nov. 10, P.L. 335, No. 66, § 11, effective in 180 days [May 9, 2006].