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.
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Adopted by Order of Court dated September 22, 2020
Published at 50 Pa. Bulletin 5656 (October 10, 2020)