2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 61 - Protection from Abuse
6114 - Contempt for violation of order or agreement.

     § 6114.  Contempt for violation of order or agreement.
        (a)  General rule.--Where the police, sheriff or the
     plaintiff have filed charges of indirect criminal contempt
     against a defendant for violation of a protection order issued
     under this chapter, a foreign protection order or a court-
     approved consent agreement, the court may hold the defendant in
     indirect criminal contempt and punish the defendant in
     accordance with law.
        (a.1)  Jurisdiction.--A court shall have jurisdiction over
     indirect criminal contempt charges for violation of a protection
     order issued pursuant to this chapter in the county where the
     violation occurred and in the county where the protection order
     was granted. A court shall have jurisdiction over indirect
     criminal contempt charges for violation of a foreign protection
     order in the county where the violation occurred.
        (a.2)  Minor defendant.--Any defendant who is a minor and who
     is charged with indirect criminal contempt for allegedly
     violating a protection from abuse order shall be considered to
     have committed an alleged delinquent act as that term is defined
     in 42 Pa.C.S. § 6302 (relating to definitions) and shall be
     treated as provided in 42 Pa.C.S. Ch. 63 (relating to juvenile
     matters).
        (b)  Trial and punishment.--
            (1)  A sentence for contempt under this chapter may
        include:
                (i)  (A)  a fine of not less than $300 nor more than
                $1,000 and imprisonment up to six months; or
                    (B)  a fine of not less than $300 nor more than
                $1,000 and supervised probation not to exceed six
                months; and
                (ii)  an order for other relief set forth in this
            chapter.
            (2)  All money received under this section shall be
        distributed in the following order of priority:
                (i)  $100 shall be forwarded to the Commonwealth and
            shall be appropriated to the Pennsylvania State Police to
            establish and maintain the Statewide registry of
            protection orders provided for in section 6105 (relating
            to responsibilities of law enforcement agencies).
                (ii)  $100 shall be retained by the county and shall
            be used to carry out the provisions of this chapter as
            follows:
                    (A)  $50 shall be used by the sheriff.
                    (B)  $50 shall be used by the court.
                (iii)  $100 shall be forwarded to the Department of
            Public Welfare for use for victims of domestic violence
            in accordance with the provisions of section 2333 of the
            act of April 9, 1929 (P.L.177, No.175), known as The
            Administrative Code of 1929.
                (iv)  Any additional money shall be forwarded to the
            Commonwealth and shall be used by the Pennsylvania State
            Police to establish and maintain the Statewide registry
            of protection orders provided for in section 6105.
            (3)  The defendant shall not have a right to a jury trial
        on a charge of indirect criminal contempt. However, the
        defendant shall be entitled to counsel.
            (4)  Upon conviction for indirect criminal contempt and
        at the request of the plaintiff, the court shall also grant
        an extension of the protection order for an additional term.
            (5)  Upon conviction for indirect criminal contempt, the
        court shall notify the sheriff of the jurisdiction which
        issued the protection order of the conviction.
            (6)  The minimum fine required by subsection (b)(1)
        allocated pursuant to subsection (b)(2)(i) and (iii) shall be
        used to supplement and not to supplant any other source of
        funds received for the purpose of carrying out the provisions
        of this chapter.
        (c)  Notification upon release.--The appropriate releasing
     authority or other official as designated by local rule shall
     use all reasonable means to notify the victim sufficiently in
     advance of the release of the offender from any incarceration
     imposed under subsection (b). Notification shall be required for
     work release, furlough, medical leave, community service,
     discharge, escape and recapture. Notification shall include the
     terms and conditions imposed on any temporary release from
     custody. The plaintiff must keep the appropriate releasing
     authority or other official as designated by local rule advised
     of contact information; failure to do so will constitute waiver
     of any right to notification under this section.
        (d)  Multiple remedies.--Disposition of a charge of indirect
     criminal contempt shall not preclude the prosecution of other
     criminal charges associated with the incident giving rise to the
     contempt, nor shall disposition of other criminal charges
     preclude prosecution of indirect criminal contempt associated
     with the criminal conduct giving rise to the charges.
     (Oct. 6, 1994, P.L.574, No.85, eff. 60 days; Mar. 24, 1998,
     P.L.204, No.36, eff. 60 days; June 22, 2001, P.L.576, No.39,
     eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

        Cross References.  Section 6114 is referred to in sections
     5303, 6108 of this title; sections 4136, 4137 of Title 42
     (Judiciary and Judicial Procedure).

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