Rule 112. Availability and Temporary Assignments of Magisterial District Judges

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Official Note: 

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This rule is not intended to affect the availability requirements for emergency 

relief under the Protection From Abuse Act or 42 Pa.C.S. §§ 62A01-62A20. See Pa. 

R.C.P.M.D.J. Nos. 1201—1211. In addition, the court of common pleas of each judicial 

district is responsible to ensure that a judge or magisterial district judge ‘‘is available on 

a 24-hour-a-day, 365-day-a-year basis to accept and decide on petitions for an 

emergency court order under’’ the Older Adult Protective Services Act. 35 P.S. § 

10225.307. Actions commenced under the Older Adult Protective Services Act are 

governed by statute and local procedures, not by these rules.

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2

Rule 206. Costs; Proceedings In Forma Pauperis

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D. This rule shall apply to all civil actions and proceedings except actions 

pursuant to the Protection from Abuse Act or 42 Pa.C.S. §§ 62A01-62A20.

 Official Note:

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For special provisions governing actions pursuant to the Protection From Abuse 

Act, see Sections 6106(b) and (c) of the Domestic Relations Code, 23 Pa.C.S. §§ 

6106(b) and (c). For special provisions governing actions seeking relief from 

sexual violence or intimidation, see 42 Pa.C.S. §§ 62A01-62A20.

***
3

Rule 215. Advanced Communication Technology

Magisterial district judges may authorize the use of advanced communication 

technology during any civil proceeding or action governed by the Rules of Civil 

Procedure for Magisterial District Judges.

Official Note: This rule was adopted in 2008 to specify that magisterial district 

judges may use advanced communication technology in their courtrooms during 

adversarial proceedings. In an ex parte proceeding, such as an action pursuant to the 

Protection From Abuse Act, 23 Pa.C.S. §§ 6101-6122 [et seq.], or 42 Pa.C.S. §§ 

62A01-62A20 (providing for protection of victims of sexual violence or 

intimidation), magisterial district judges also may permit the use of advanced 

communication technology. Limited technology available in some magisterial district 

courts may preclude the use of certain advanced communication technology options. 

Compare Pa.R.Crim.P. 119. 
4

EMERGENCY RELIEF [UNDER THE PROTECTION] FROM ABUSE [ACT], 

SEXUAL VIOLENCE OR INTIMIDATION

Rule 1201. Applicability

The rules in this chapter apply to the exercise by a hearing officer of jurisdiction 

under Section 6110 of the Protection From Abuse Act, 23 Pa.C.S. § 6110, and Section 

62A09 of Title 42, 42 Pa.C.S. § 62A09, to grant emergency relief from abuse, sexual 

violence or intimidation. 

Official Note: See the Protection From Abuse Act set forth in the Domestic 

Relations Code, 23 Pa.C.S. §§ 6101-61[18]22, and 42 Pa.C.S. §§ 62A01-62A20. 

The court of common pleas of each judicial district is responsible to ensure that a 

judge or magisterial district judge “is available on a 24-hour-a-day, 365-day-a-year basis 

to accept and decide on petitions for an emergency court order under” the Older Adult 

Protective Services Act. 35 P.S. § 10225.307. Actions commenced under the Older 

Adult Protective Services Act are governed by statute and local procedures, not by 

these rules.

This chapter was amended in 2015 to provide procedural rules for 

protective orders sought for victims of sexual violence or intimidation. See 42 

Pa.C.S. §§ 62A01-62A20.
5

Rule 1202. Definitions

As used in this chapter: 

(1) “abuse”[“adult” and “family or household members” shall have the 

meanings given to those words in Section 6102 of the Protection From Abuse 

Act, 23 Pa.C.S. § 6102;] means the occurrence of one or more of the following 

acts between family or household members, sexual or intimate partners or 

persons who share biological parenthood:

 (a) attempting to cause or intentionally, knowingly or 

recklessly causing bodily injury, serious bodily injury, rape, involuntary 

deviate sexual intercourse, sexual assault, statutory sexual assault, 

aggravated indecent assault, indecent assault or incest with or without a 

deadly weapon. 

 (b) placing another in reasonable fear of imminent serious 

bodily injury. 

 (c) the infliction of false imprisonment pursuant to 18 Pa.C.S. § 

2903 (relating to false imprisonment). 

 (d) physically or sexually abusing minor children, including 

such terms as defined in Chapter 63 of the Domestic Relations Code

(relating to child protective services). 

 (e) knowingly engaging in a course of conduct or repeatedly

committing acts toward another person, including following the person, 

without proper authority, under circumstances which place the person in 

reasonable fear of bodily injury. This definition applies only to proceedings 

commenced under the Domestic Relations Code and is inapplicable to any

criminal prosecutions commenced under Title 18 (relating to crimes and 

offenses).

(2) “adult” means an individual who is 18 years of age or older.

(3) “court” means:

(a) the court of common pleas of the judicial district in which the office of 

the hearing officer taking action under these rules is located[;] in actions 

brought under the Protection from Abuse Act, 23 Pa.C.S. §§ 6101-6122, or 

 (b) the court or magisterial district judge having jurisdiction over the 

matter in actions brought pursuant to Section 62A09 of Title 42, 42 Pa.C.S. 

§ 62A09 (providing for protection of victims of sexual violence or 

intimidation).
6

(4) “family or household members” means spouses or persons who have 

been spouses, persons living as spouses or who lived as spouses, parents and 

children, other persons related by consanguinity or affinity, current or former 

sexual or intimate partners or persons who share biological parenthood. 

(5) “hearing officer” means a magisterial district judge, judge of the Philadelphia 

Municipal Court, [bail commissioner] arraignment court magistrate appointed under 

42 Pa.C.S. § 1123 (relating to jurisdiction and venue), master appointed under 42 

Pa.C.S. § 1126 (relating to masters), and master for emergency relief appointed under 

23 Pa.C.S. § 6110(e) or 42 Pa.C.S. § 62A09(e) (relating to master for emergency 

relief).

(6) “intimidation” means conduct constituting a crime under either of the 

following provisions between persons who are not family or household members:

 (a) 18 Pa.C.S. § 2709(a)(4), (5), (6) or (7) (relating to harassment) 

where the conduct is committed by a person 18 years of age or older 

against a person under 18 years of age. 

 (b) 18 Pa.C.S. § 2709.1 (relating to stalking) where the conduct is 

committed by a person 18 years of age or older against a person under 18 

years of age.

(7) “minor” means an individual who is not an adult.

(8) “sexual violence” means conduct constituting a crime under any of the 

following provisions between persons who are not family or household members:

 (a) 18 Pa.C.S. Ch. 31 (relating to sexual offenses), except 18 Pa.C.S. 

§§ 3129 (relating to sexual intercourse with animal) and 3130 (relating to 

conduct relating to sex offenders). 

(b) 18 Pa.C.S. § 4304 (relating to endangering welfare of children) if 

the offense involved sexual contact with the victim. 

 (c) 18 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption of minors). 

 (d) 18 Pa.C.S. § 6312(b) (relating to sexual abuse of children). 

 (e) 18 Pa.C.S. § 6318 (relating to unlawful contact with minor). 

 (f) 18 Pa.C.S. § 6320 (relating to sexual exploitation of children).

(9) “victim” means a person who is a victim of abuse, sexual violence or 

intimidation.
7

Official Note: These definitions are largely derived from 23 Pa.C.S. § 6102

and 42 Pa.C.S. § 62A03.
8

Rule 1203. Limitation on Jurisdiction

The hearing officer may grant relief under these rules only when the court is 

unavailable to do so pursuant to the provisions of:

 (1) Section 6110 of the Protection From Abuse Act, 23 Pa.C.S. § 6110, 

 (2) 42 Pa.C.S. § 62A09 (providing for protection of victims of sexual 

violence or intimidation), or 

 (3) local rule of court.

Official Note: The limitation in this rule is taken from Section 6110 of the 

Protection From Abuse Act, 23 Pa.C.S. § 6110, and 42 Pa.C.S. § 62A09. 

This rule recognizes and reaffirms the existing practice in many counties. The 

availability of each court to grant necessary emergency relief [under the Act] will vary 

greatly, both during the business and non-business day; therefore, it was deemed 

desirable to permit each court to promulgate such rules as would best serve its specific 

needs in providing for efficient implementation of [the] emergency relief measures

[provisions of the Act].
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Rule 1204. Venue

A. Except as provided in subdivision B, a proceeding for emergency relief 

may be brought in a magisterial district within the county in which 

(1) the plaintiff resides, either temporarily or permanently, or 

(2) the abuse, sexual violence or intimidation occurred. 

B. If the relief sought includes possession of the residence or household to 

the exclusion of the defendant, the action may be brought only in a magisterial district 

within the county in which the residence or household is located.

Official Note: This rule is consistent with Pa.R.C.P. No. 1901.1 and provides 

the necessary flexibility to a plaintiff who may have to flee the county of permanent 

residence to escape further abuse. This rule is intended to provide maximum flexibility 

to a plaintiff to use a convenient forum to seek an emergency protective order. 

However, where practicable, plaintiffs should give preference to filing in the magisterial 

district in which the plaintiff resides, either temporarily or permanently, or in the 

magisterial district in which the abuse occurred. A proceeding is considered to have 

been brought in a magisterial district even if it is before a hearing officer serving 

temporarily in that district, or before a hearing officer who has been invested by local 

rule with temporary county-wide jurisdiction. 

Subdivision B of this rule only applies to actions brought pursuant to 

Section 6110 of the Protection From Abuse Act, 23 Pa.C.S. § 6110.

 
10

Rule 1205. Persons Who May Seek Emergency Relief

An adult or an emancipated minor may seek emergency relief from abuse, 

sexual violence or intimidation for himself or herself. Also, any parent, adult 

household member or guardian ad litem may seek emergency relief from abuse, sexual 

violence or intimidation on behalf of minor children. In addition, a guardian of the 

person of an incapacitated person as defined in 20 Pa.C.S. § 5501 may seek 

emergency relief on behalf of the incapacitated person.

Official Note: This rule is derived from Section 6106 of the Protection From 

Abuse Act, 23 Pa.C.S. § 6106, as well as 42 Pa.C.S. § 62A05.
11

Rule 1206. Commencement of Proceedings

A. A proceeding for emergency relief from abuse, sexual violence or 

intimidation shall be commenced by the filing of a petition by the plaintiff with the 

hearing officer on a form which shall be prescribed by the State Court Administrator. 

The petition shall be signed by the plaintiff and shall set forth the names and addresses 

of the plaintiff and the defendant and the names, addresses and ages of any person on 

whose behalf the plaintiff is seeking relief. The plaintiff shall also allege in the petition, in 

general terms, the cause for seeking emergency relief from abuse, sexual violence or 

intimidation. 

B. Upon issuance of an emergency order, the hearing officer shall provide 

the plaintiff with instructions regarding the commencement of proceedings in the court of 

common pleas and regarding the procedures for initiating a contempt charge should the 

defendant violate the emergency order. The hearing officer shall also advise the plaintiff 

of the existence of rape crisis centers in the county or in nearby counties in the 

case of sexual violence, as well as programs for victims of domestic or sexual

violence in the county or in nearby counties and inform the plaintiff of the availability of 

legal assistance without cost if the plaintiff is unable to pay therefor. 

C. The petition shall be filed and service shall be made without prepayment of 

costs.

Official Note: [It was thought desirable to require the petition to be on a 

simple, prescribed form since this is an emergency proceeding and the plaintiff is 

apt to be in an excited state at the time of the filing.] Subdivision B is added to 

assure compliance with the requirement of Section 6110(d) of the Protection From 

Abuse Act, 23 Pa.C.S. § 6110(d), as well as 42 Pa.C.S. § 62A09(d). Practice varies 

among the judicial districts as to what procedures the plaintiff must follow to continue in 

effect a protection order in the court of common pleas upon the certification of an 

emergency protection order to the court of common pleas. The hearing officer should 

provide clear instructions to the plaintiff as to what must be done to continue in effect 

the protection order in the court of common pleas. See Rule 1210 and Note, and Rule 

1211 and Note. Subdivision C is derived from Section 6106(b) of the Act, 23 Pa.C.S. 

§ 6106(b), as well as 42 Pa.C.S. § 62A05(b), and reflects the practice when a 

temporary order is issued at the common pleas level.
12

Rule 1207. Hearing

As soon as possible after the filing of the petition, the hearing officer shall hold an 

ex parte hearing thereon. The plaintiff may present witnesses at the hearing. [,but need 

not be compelled to disclose the permanent or temporary residence of the 

plaintiff or minor children] Neither in the petition nor during a hearing shall the 

hearing officer require disclosure of the address of a domestic violence program, 

a rape crisis center, or the plaintiff or victim, as appropriate.

Official Note: [Under Section 6110(a) of the Protection From Abuse Act, 23 

Pa.C.S. § 6110(a), the] The hearing is ex parte, and [under Section 6110(b) of the 

Act, 23 Pa.C.S. § 6110(b)] the emergency order[s] issued by the hearing officer[s] as a 

result of the hearing [are] is of short duration. See 23 Pa.C.S. § 6110(a)-(b), 42 

Pa.C.S. § 62A09(a)-(b). Accordingly, there are no provisions in these rules for notice to 

the defendant prior to the hearing. The hearing need not be held at the office of the 

hearing officer. See Rule 215 (permitting the use of advanced communication 

technology in any civil action or proceeding governed by the Rules of Civil 

Procedure for Magisterial District Judges.) The last phrase was added to [i]ensure 

compliance with Section 6112 of the Act, 23 Pa.C.S. § 6112 and 42 Pa.C.S. § 62A11. 

Nothing in the last phrase is intended to preclude a magisterial district judge from 

determining that venue is proper pursuant to Rule 1204.
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Rule 1208. Findings and Protection Orders

A. If the hearing officer, upon good cause shown, finds it necessary to protect 

the plaintiff, [or] minor children, or victim from abuse, sexual violence or 

intimidation, [he] the hearing officer may grant relief in accordance with Section 

6110(a) of the Protection From Abuse Act, 23 Pa.C.S. § 6110(a) or 42 Pa.C.S. § 

62A09(a), and make any protection orders necessary to effectuate that relief. 

Immediate and present danger of abuse, sexual violence or intimidation to the 

plaintiff, [or] minor children, or victim shall constitute good cause. 

B. The hearing officer shall enter on the petition form [his] the findings and 

any protection orders made or other action taken [by him].

Official Note: Subdivision A of this rule is derived from Section 6110(a) of the 

Protection From Abuse Act, 23 Pa.C.S. § 6110(a), which permits the hearing officer to 

grant limited relief in accordance with [Section] 23 Pa.C.S. § 6108(a)(1), (2) and (6) or 

(1) and (6) [of the Act] (relating to relief), as well as 42 Pa.C.S. § 62A07(b). 
14

Rule 1209. Service and Execution of Emergency Protection Orders

A. The hearing officer shall provide to the plaintiff a copy of a protection order 

made under Rule 1208. The hearing officer or, when necessary, the plaintiff shall 

immediately deliver a service copy of any protection order made under Rule 1208 to a 

police officer, police department, sheriff or certified constable for service upon the 

defendant and execution. After making reasonable effort, if the executing officer is 

unable to serve the protection order upon the defendant in a timely fashion, the 

executing officer shall leave a service copy of the petition form containing the order with 

the police department with jurisdiction over the area in which the plaintiff resides for 

service upon the defendant, and shall advise such police department that the order 

could not be served.

B. When a protection order is issued under Rule 1208 in accordance 

with 42 Pa.C.S. § 62A09(a), the hearing officer shall: 

(1) within two business days, serve the order upon the police 

department, sheriff and district attorney in the jurisdiction where the order 

was entered, and

(2) in the case of a minor victim of sexual violence, serve a copy 

of the petition and order upon the county agency (as defined by 23 Pa.C.S. 

§ 6303) and the Department of Human Services. 

Official Note: The hearing officer should provide the plaintiff with at least one 

copy of a protection order, but more than one copy may be needed. For example, the 

plaintiff may wish to serve the order upon multiple police departments when the plaintiff 

lives and works in different police jurisdictions, etc. If it is necessary for the plaintiff to 

deliver the protection order to the executing officer, the hearing officer should make sure 

that the plaintiff fully understands the process and what must be done to have the order 

served upon the defendant. The hearing officer should make every effort to have the 

protection order served by a law enforcement officer in a timely fashion. The Rule 

requires that if the executing officer is unable to serve the protection order in a timely 

fashion, the executing officer shall leave a service copy of the order with the police 

department with jurisdiction over the area in which the plaintiff resides. This was 

thought advisable so that the local police would have a service copy in case they would 

be called to the plaintiff's residence should the defendant return there. Due to the 

emergency nature of these protection orders and the fact that to be meaningful they 

must be served and executed at night or on a weekend, the hearing officer should have 

the authority to use police officers as well as sheriffs and certified constables to serve 

and execute these orders. Protection orders issued under Rule 1208 in accordance 

with 42 Pa. C.S. § 62A09 (providing for protection of victims of sexual violence or 

intimidation) are subject to additional service requirements. See Section 6109(a) 

of the Protection From Abuse Act, 23 Pa.C.S. § 6109(a), and 42 Pa.C.S. § 62A05(d). 

Service shall be made without prepayment of costs. See Rule 1206(C). 
15

Service of protection orders upon the defendant at the time of execution may not 

be possible under some circumstances.
16

Rule 1210. Duration of Emergency Protection Orders

Protection orders issued under Rule 1208 shall expire at the end of the next 

business day the court deems itself available. 

Official Note: This rule is derived from Section 6110(b) of the Protection From 

Abuse Act, 23 Pa.C.S. § 6110(b), as well as 42 Pa.C.S. § 62A09(b). Practice varies 

among the judicial districts as to what procedures the plaintiff must follow to continue in 

effect a protection order in the court of common pleas upon the certification of an 

emergency protection order to the court of common pleas. The hearing officer should 

provide clear instructions to the plaintiff as to what must be done to continue in effect 

the protection order in the court of common pleas. See Rule 1206 and Note, and Rule 

1211 and Note.

 
17

Rule 1211. Certification to Court of Common Pleas

A. Any protection order issued under Rule 1208, together with any 

documentation in support thereof, shall immediately be certified to the court of common 

pleas by the hearing officer.

B. Certification under subdivision A of this Rule shall be accomplished by 

sending to the prothonotary of the court by first class mail or messenger a certified copy

of the petition form containing the order, with any supporting documentation 

attached. 

Official Note: Certification under subdivision A of this rule is required by

Section 6110(c) of the Protection From Abuse Act, 23 Pa.C.S. § 6110(c), as well as 42 

Pa.C.S. § 62A09(c). This rule is also consistent with Pa.R.C.P. Nos. 1901.3(b) and 

1953(b), which permit[s] commencement of an action by filing with the prothonotary a 

certified copy of an emergency protection order. However, practice varies among the 

judicial districts as to how the protection order is continued in effect after it is certified to 

the court of common pleas. For example, some judicial districts may require that the 

plaintiff appear in person to continue the action in the court of common pleas. Others 

may automatically commence an action in the court of common pleas upon receipt of a 

certified copy of the emergency order from the hearing officer. See Rule 1206 and 

Note, and Rule 1210 and Note. 

Depending on local practice, the plaintiff or the plaintiff's representative may act 

as a messenger under subdivision B of this rule.