1. A hearing will be held by a judge on a specified court business day at 1:00 p.m.;
  2. Defendant is entitled to be represented by a lawyer in the contempt proceeding and that, if defendant qualifies, a lawyer will be appointed to represent him or her free of charge. The defendant shall be notified that he or she must apply for the appointment of a free counsel, and the Magisterial District Judge shall provide an application form upon request.

B. Private Complaint.

  1. Plaintiff may file a private criminal complaint pursuant to 23 Pa. C.S.A. §6113.1 by filing the complaint in the Prothonotary's Office. The Prothonotary's Office shall, after clocking in the complaint, immediately forward it to the Court Administrator for the scheduling of a hearing. Except in unusual circumstances, hearings will be scheduled in the same manner as in arrest cases and shall be scheduled by court order. Service of the order, once entered, shall be made on the defendant by the Sheriff's Department. No answer shall be required by defendant.
  2. Contempt proceedings may be commenced by the filing of a criminal complaint before a Magisterial District Judge. Service shall be accomplished as in other criminal proceedings, by a constable, or police officer. If neither is available, the complaint shall be served by the Sheriff. Upon filing of a private complaint for criminal contempt in the office of a Magisterial District Judge, the Magisterial District Judge shall promptly forward the same to Court Administration who will schedule contempt hearing pursuant to paragraph B(1) above.

Rule 1905. Temporary Orders. Final Hearing. Forms and Notice.

A. Temporary Orders

  1. If the petition seeks temporary relief for Protection From Abuse or Protection of Victims of Sexual Violence or Intimidation, and alleges immediate and present danger of abuse to the plaintiff and/or minor children, the petition shall be presented directly to the assigned PFA Judge after filing with the Prothonotary between the hours of 8:00 a.m. through 3:30 p.m. on days the Court of Common Pleas is open for business.
  2. The PFA Judge will, at the earliest possible time consistent with his/her schedule, conduct an ex parte temporary hearing with the plaintiff.
  3. The PFA Judge shall enter such temporary order, as it deems necessary, to protect the plaintiff and/or minor child(ren) pending final hearing on the petition.

B. Final Hearing

Whether the request for temporary order is granted or denied, the Court shall set a date for a final hearing to occur within ten (10) business days of the filing of a petition for Protection From Abuse or a petition for Protection of Victims of Sexual Violence or Intimidation, following the administrative rules and policies of the 51st Judicial District.

C. Forms and Notice

  1. All forms for use in the Protection From Abuse action and the Protection of Victims of Sexual Violence or Intimidation action including notice, petition, temporary protection order and final protection order shall be substantially in the form set forth in Pa.R.Civ.P. 1905 and Pa.R.Civ.P. 1959.
  2. If the Magisterial District Judge enters an emergency order, service of the order of protection and emergency petition upon the defendant shall occur in accordance with Pa.R.Civ.P.M.D.J.