Service shall be attached to the motion. Prior service of the motion is not required where a party is able to establish to the satisfaction of the Court that immediate and irreparable injury will be sustained before notice can be given to the opposing party.
ACTION PURSUANT TO PROTECTION FROM ABUSE ACT AND PROTECTION OF VICTIMS OF SEXUAL VIOLENCE OR INTIMIDATION ACT
Rule 1901. Statement of Policy
It is the purpose and policy of the Court of Common Pleas of Adams County to implement and effectuate the Protection From Abuse Act and the Protection of Victims of Sexual Violence or Intimidation Act, to streamline and facilitate enforcement, and to eliminate procedural obstacles and limitations where justice requires forthright action on the part of law enforcement, the Magisterial District Judge and this Court.
Actions for Protection From Abuse shall be commenced and prosecuted in accordance with the provisions of Pa.R.Civ.P. 1901, et seq. and 23 Pa.C.S.A. § 6101 et seq. Actions for Protection of Victims of Sexual Violence or Intimidation shall be commenced and prosecuted in accordance with the provisions of Pa.R.Civ.P. 1951, et seq., and 42 Pa.C.S.A. § 62A01, et seq.
Actions seeking emergency relief under the Protection From Abuse Act shall be commenced and prosecuted pursuant to the provisions of Pa.R.Civ.P.M.D.J. 1201 et seq., Adams County Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges 1203, 1210 and 1211, and 23 Pa.C.S.A. § 6110 et seq.
Actions seeking emergency relief under the Protection of Victims of Sexual Violence or Intimidation Act shall be commenced and prosecuted in accordance with the provisions of Pa.R.Civ.P.M.D.J. 1201, et seq., Adams County Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges 1203, 1210 and 1211, and 42 Pa.C.S.A. § 62A09, et seq.
Rule 1901.5. Indirect Criminal Contempt Hearing
Arrest. When the Court is available, a defendant arrested for contempt shall be produced without unnecessary delay before a judge for preliminary arraignment. If arrest occurs when the Court is unavailable, the defendant shall have preliminary arraignment before the on-call Magisterial District Judge. Upon request, defendant shall be provided with an application form for the appointment of a lawyer. Unless scheduled by a court order for a different time, contempt hearings shall be scheduled for 1:00 p.m. on the Wednesday following preliminary arraignment which is the furthest Wednesday within ten (10) calendar days after the defendant's arrest. Bail shall be set by the Magisterial District Judge with the defendant given an opportunity to post bail. The bail may be subject to special conditions, such as requiring defendant to follow all specified conditions contained in the Protection From Abuse Order.
At the preliminary arraignment, the Magisterial District Judge or Common Pleas Judge shall advise the defendant of the following:
A description of the alleged contemptuous acts;
That those acts violate a specific Order of Court;
Defendant is subject because of the alleged contempt to a prison sentence of six (6) months and a fine of One Thousand Dollars ($1,000.00);