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Legal Information: Pennsylvania

Statutes: Pennsylvania

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December 14, 2023

62A12. Arrest for violation of order

(a) General rule.–An arrest for a violation of an order issued under this chapter may be without warrant upon probable cause, whether or not the violation is committed in the presence of the police officer or sheriff, in circumstances where the defendant has violated a provision of an order consistent with section 62A07 (relating to relief). The police officer or sheriff may verify the existence of an order by telephone, radio or other electronic communication with the appropriate police department, Pennsylvania State Police registry or issuing authority. A police officer or sheriff shall arrest a defendant for violating an order by a court within the judicial district or issued by a court in another judicial district within this Commonwealth.

(b) Procedure following arrest.–

(1) Subsequent to an arrest, the defendant shall be taken by the police officer or sheriff without unnecessary delay before the court in the judicial district where the contempt is alleged to have occurred.

(2) When that court is unavailable, the police officer or sheriff shall convey the defendant to a magisterial district judge designated as appropriate by local rules of court or, in counties of the first class, to the appropriate hearing officer.

(c) Preliminary arraignment.–The defendant shall be afforded a preliminary arraignment without unnecessary delay.

(d) Other emergency powers unaffected.–This section shall not be construed to in any way limit any of the other powers for emergency relief provided under this chapter.

(e) Hearing.–A hearing shall be scheduled within ten business days of the filing of the charge or complaint of indirect criminal contempt. The hearing and any adjudication shall not preclude a hearing on other criminal charges underlying the contempt, nor shall a hearing or adjudication on other criminal charges preclude a hearing on a charge of indirect criminal contempt.