Rule 112. Availability and Temporary Assignments of Magisterial District Judges

*** Official Note :

***
This rule is not intended to affect the availability requirements for emergency relief under the Protection From Abuse Act **or 42**  **Pa.C.S. §§**  **62A 01**  **- 62A**  **20**

. 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 de cide 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.

***2

Rule 206. Costs; Proceedings In Forma Pauperis

***
D. T his rule shall apply to all civil actions and proceedings except actions pursuant to the Protection from Abuse Act **or 42 Pa.C.S. §§ 62A 01**  **- 62A**  **20**

. Official Note :

*** 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 gov** **erning actions**  **seeking relief**  **from sexual violence o**  **r intimidation, see**  **42 Pa.C.S. §§ 62A 01**  **- 62A**  **20.**

***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 **- 61**  **22 [** **et seq.**  **]** , **or 42**  **Pa.C.S. §§**  **62A 01**  **- 62A** **20 (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 **[A CT]**  **,**

**SEXU AL** **VIOLENCE OR INTIMIDA**  **TION**

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 62A** **09 of**  **Title 42**  **, 42**  **Pa.C.S. §**  **62A 09**  **,** 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** **] 2** **2 ,**  **and 42 Pa.C.S. §§ 62A 01**  **- 6** **2A 20** 

. 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.
**T his**  **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. §§ 62A** **01 -** **62A 20.** 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**  **Ab use**  **Ac t,**  **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** **, know**  **ingly o**  **r recklessly** 

**c ausing**  **bodily**

**i njur** **y, s**  **erious bodily**  **i njury,**  **rape, involuntary**  **deviate sexual**  **intercourse, sexual**  **assault, statutory**  **sexual assault,**  **aggravated indecent**  **assault, indecent**  **assault or**  **incest with**  **or without**  **a deadly**  **w eapon.**  **( 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**  **) phy** **sically o**  **r sexually**  **a busing**  **minor children,**  **including such**  **ter ms**  **as defined**  **in Chapter**  **63 of**  **the Domestic**  **Relations Code**  **(relating to child protective services).**

**( e** **) know**  **ingly engaging**  **in a**  **course of**  **conduct or**  **repeatedly committing**  **acts toward**  **another person,**  **including follow**  **ing the**  **person, without**  **proper autho**  **rity, under**  **circumstances which**  **place the**  **person in**  **reasonable fear**  **of bodily**  **i njury.**  **Th is**  **definition applies**  **only t** **o proceedings**  **commenced under**  **the Domestic**  **Relations Code**  **and is**  **inapplicable to**  **any criminal**  **prosecutions commenced**  **under Title**  **18 (r** **elatin g**  **to crimes**  **and offenses)** 

**. (** **2) “**  **adult ” means a**  **n individual w ho 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 A** **buse A ct** **, 23 Pa.C.S. §§**  **6101 -** **61 22**  **, or (**  **b )**  **the court**  **or magisterial**  **district judge**  **having jurisdiction**  **ov er**  **the matter**  **in actions**  **brought pursuant**  **to Section**  **62A 09**  **of Title**  **42 ,**  **42 Pa.C.S.**  **§ 62A** **09 (providing**  **for protection**  **of victims**  **of sexual**  **violence or**  **intimidation).**6

**(4)** “family or household members” **means s**  **pouses or**  **persons wh**  **o have**  **been spouses,**  **p ersons**  **living as**  **spouses or**  **wh o**  **lived as**  **spouses, parents**  **and children,**  **other persons**  **related by**  **consanguinity or**  **affinity, current**  **or former**  **sexual or**  **intimate partners**  **or persons**  **wh o**  **share biological**  **parenthood.**
**(5)** “ hearing officer” means a magisterial district judge, judge of the Philadelphia Municipal Court, **[bail commissioner]**  **arraignment co**  **urt 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. §**  **62A 09(e)**  (relating to master for emergency relief). **( 6** **) “i**  **ntimidation ”**  **means c** **onduct constituting**  **a crime**  **under either**  **of the**  **follow ing 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) wh**  **ere the**  **conduct is**  **committed by**  **a p** **erson 18**  **ye ars**  **of age**  **or older**  **against a person under 18 y ears of age.**  **( b** **) 18**  **Pa.C.S. §**  **2709.1 (relating**  **to stalking)**  **wh ere**  **the conduct**  **is committed**  **by**

**a p** **erson 18**  **ye ars**  **of age**  **or older**  **against a**  **person under**  **18 years of age.**  **(7) “minor” means an individual w ho is not an adult.**  **( 8** **) “s**  **exual v** **i olence**  **” means c** **onduct constituting**  **a crime**  **under any**  **o f**  **the follow**  **ing 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 sex** **ual 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 vi**  **ctim of**  **abuse, sexual**  **violence or**  **intimidation**

**.**7

**Official Note :**  **These definitions are largely**  **deriv ed from**  **23 Pa.C.S**

**. § 6102**  **and 42 Pa.C.S. § 62A 03.** 8

Rule 1203. Limitation on J urisdiction 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. §**  **62A 09**  **(providing for**  **protection of**  **victims of**  **sexual violence or intimidation),**  o r **(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. § 62A** **09**

. This rule recognizes and reaffirms the existing practice in many counties. The availability of each court to grant necessary emergency relief **[ under**  **the Ac** **t ]**  will vary greatly, both during the business and non - business day; therefore, it was deemed desirab le 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 A ct** **]**

.9

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 intimidati**  **on** 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. T his rule is intended to provide maximum flexibility to a pla intiff 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 ru le with temporary county

-wide jurisdiction. **Subdivision B**  **of this**  **rule only**  **a pplies**  **to actions**  **brought pursuant**  **to Section 6110 of the Protection From A** **buse A ct, 23 Pa.C.S.**  **§ 6110.** 10

Rule 1205. Persons W ho M ay Seek E mergency 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 Protecti on From Abuse Act, 23 Pa.C.S. § 6106 **, as well as 42 Pa.C.S. § 62A** **05**

.11

Rule 1206. Commencement of P roceedings
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 v iole**  **nce 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 ch arge 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 c** **ounties 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 prepayme nt 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. §**  **62A 09(d)** 

. Practice varies among the judicial districts as to what procedures the plaintiff must follow to co ntinue 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 continu e 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.**  **§ 62A** **05(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 Ab**  **use A ct, 23**  **Pa.C.S. §**  **6110(a), the** **] The**  h earing is ex parte, and **[ under**  **Section 6110(b)**  **of the**  **Ac t, 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. § 62A** **09(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 adv** **anced communication**  **technology**

**i n**  **any c**  **ivil act** **ion or**  **proceeding governed**  **by t** **he Rules**  **of Civil**  **Procedure for**  **Magisterial District**  **Judges.)** The last phrase was added to **[i] e**  nsure compliance with Section 6112 of the Act, 23 Pa.C.S. § 6112 **and 42**  **Pa.C.S. §**  **62A 11** 

. **Nothing in the last phrase is intended to preclude a magisterial district judge from**  **determining that venue is proper pursuant to Rule 1204.**13

Rule 1208. Findings and P rotection O rders
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. §**  **62A 09(a)**  , and make any protecti on 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 gran t limited relief in accordance with **[Section] 23**  **Pa.C.S. §**  6108(a)(1), (2) and (6) or (1) and (6) **[ of the A** **ct ]**  (relating to relief) **, as well as 42 Pa.C.S. § 62A** **07(b)**

.14

Rule 1209. Service and Execution of E mergency P rotection O rders
**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 offi cer 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. § 62A** **09 (a)**  **, the hearing officer shall**  **:**

**(1) within**  **tw o**  **business day** **s, serve**  **the order**  **upon the**  **police department,**  **sheriff and**  **district attorney**  **in the**  **jurisd iction**  **wh ere**  **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**  **2 3**  **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. I f 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 ord er 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. T he 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. T his 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 sho uld 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**  **vi olence**  **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. § 62A** **05(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 E mergency P rotection O rders 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.**  **§ 62A** **09(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 P leas
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 unde r 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. §**  **62A 09(c)** 

. This rule is also consistent with Pa.R.C.P. No**s**

. 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.