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Legal Information: Pennsylvania

Statutes: Pennsylvania

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December 14, 2023

62A17. Procedure and other remedies

(a) General rule.–Unless otherwise indicated under this chapter, a proceeding under this chapter shall be in accordance with applicable general rules and shall be in addition to any other available civil or criminal remedies. The plaintiff and the defendant may seek modification of a protection order issued under section 62A07 (relating to relief) at any time during the pendency of the order. Except as otherwise provided in this chapter, modification may be ordered after the filing of a petition for modification, service of the petition and a hearing on the petition.

(b) Remedies for bad faith.–Notwithstanding any other provision of law, upon finding that an individual commenced a proceeding under this chapter in bad faith, a court shall direct the individual to pay to the defendant actual damages and reasonable attorney fees. Failure to prove an allegation of continued risk of harm by a preponderance of the evidence shall not, by itself, result in a finding of bad faith.