Loading...
HomeMy WebLinkAbout39-6110. Scheduling of Temporary and Emergency Protection from Abuse Hearings. Local Rule of Judicial Administration 6110. Scheduling of Temporary and Emergency Protection from Abuse Hearings. (a) The Court of Common Pleas shall hear Petitions for Protection from Abuse each business day between the hours of 8:30 a.m. and 3:00 p.m. by a judge or judges, selected by Court Administration on a weekly basis. The Court of Common Pleas is unavailable to hear Petitions for Protection from Abuse from 3:00 p.m. each business day until 8:30 a.m. the following business day. (b) During times when the Court of Common Pleas is unavailable, a Petition for Emergency Relief from Abuse may be presented to the designated on-call Magisterial District Judge and shall not be filed with the Prothonotary. (c) If the on-call Magisterial District Judge determines that emergency relief is merited following an emergency hearing, the Petition for Emergency Relief from Abuse shall be granted and an Emergency Order issued. An Emergency Order will expire at 3:00 p.m. the following business day. (d) If an Emergency Order is granted, the on-call Magisterial District Judge shall advise the Plaintiff that the Emergency Order will expire at 3:00 p.m. the following business day and further advise Plaintiff to file a Petition for Protection from Abuse with th e Prothonotary at the Franklin or Fulton County Courthouse on the next business day pursuant to Paragraph (a) of this Rule if he or she desires continuing protection. (e) If an Emergency Order is granted by the on-call Magisterial District Judge, the Magisterial District Judge shall immediately certify the Emergency Order and any documentation in support thereof to the Franklin County Court of Common Pleas and forward the Emergency Order to law enforcement for service on the Defendant. (f) If a Magisterial District Judge determines an Emergency Order will not be granted, the Magisterial District Judge shall advise the party they may file a Petition for a Protection from Abuse Order with the Prothonotary at the Franklin or Fulton County Courthouse pursuant to Paragraph (a) of this Rule. _______________________________________________________________________________________ Adopted by Order of Court dated September 22, 2020 Published at 50 Pa. Bulletin 5656 (October 10, 2020)