2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 61 - Protection from Abuse
6106 - Commencement of proceedings.

     § 6106.  Commencement of proceedings.
        (a)  General rule.--An adult or an emancipated minor may seek
     relief under this chapter for that person or any parent, adult
     household member or guardian ad litem may seek relief under this
     chapter on behalf of minor children, or a guardian of the person
     of an adult who has been declared incompetent under 20 Pa.C.S.
     Ch. 51 Subch. B (relating to appointment of guardian) may seek
     relief on behalf of the incompetent adult, by filing a petition
     with the court alleging abuse by the defendant.
        (a.1)  False reports.--A person who knowingly gives false
     information to any law enforcement officer with the intent to
     implicate another under this chapter commits an offense under 18
     Pa.C.S. § 4906 (relating to false reports to law enforcement
     authorities).
        (a.2)  Notification of defendant's occupation.--The plaintiff
     shall notify the court if the plaintiff has reason to believe
     that the defendant is a licensed firearms dealer, is employed by
     a licensed firearms dealer or manufacturer, is employed as a
     writer, researcher or technician in the firearms or hunting
     industry or is required to carry a firearm as a condition of
     employment.
        (b)  Plaintiff fees not permitted.--No plaintiff seeking
     relief under this chapter shall be charged any fees or costs
     associated with the filing, issuance, registration or service of
     a petition, motion, complaint, order or any other filing.
     Prohibited fees or costs shall include, but are not limited to,
     those associated with modifying, withdrawing, dismissing or
     certifying copies of a petition, motion, complaint, order or any
     other filing, as well as any judicial surcharge or computer
     system fee. No plaintiff seeking relief under this chapter shall
     be charged any fees or costs associated with filing a motion for
     reconsideration or an appeal from any order or action taken
     pursuant to this chapter. Nothing in this subsection is intended
     to expand or diminish the court's authority to enter an order
     pursuant to Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of
     Documents. Representations to the Court. Violation).
        (c)  Assessment of fees and costs against the defendant.--
     When an order is granted pursuant to this chapter, fees and
     costs shall be assessed against the defendant. The court shall
     waive fees and costs upon a showing of good cause or when the
     court makes a finding that the defendant is not able to pay the
     costs. Nothing in this subsection is intended to expand or
     diminish the court's authority to enter an order pursuant to
     Pa.R.C.P. No. 1023.1.
        (d)  Surcharge on order.--When a protection order is granted
     under section 6107(a) (relating to hearings), other than
     pursuant to an agreement of the parties, a surcharge of $100
     shall be assessed against the defendant. All moneys received
     from surcharges shall be distributed in the following order of
     priority:
            (1)  $25 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.
            (2)  $50 shall be retained by the county and shall be
        used to carry out the provisions of this chapter as follows:
                (i)  $25 shall be used by the sheriff.
                (ii)  $25 shall be used by the court.
            (3)  $25 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.
        (d.1)  Limitation.--The surcharge allocated under subsection
     (d)(1) and (3) 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.
        (e)  Court to adopt means of service.--The court shall adopt
     a means of prompt and effective service in those instances where
     the plaintiff avers that service cannot be safely effected by an
     adult individual other than a law enforcement officer or where
     the court so orders.
        (f)  Service by sheriff.--If the court so orders, the sheriff
     or other designated agency or individual shall serve the
     petition and order.
        (g)  Service of petition and orders.--The petition and orders
     shall be served upon the defendant, and orders shall be served
     upon the police departments and sheriff with appropriate
     jurisdiction to enforce the orders. Orders shall be promptly
     served on the police and sheriff. Failure to serve shall not
     stay the effect of a valid order.
        (g.1)  Service of original process of a foreign protection
     order.--No plaintiff or petitioner shall be charged any costs or
     fees associated with the service of original process of a
     foreign protection order. Costs or fees associated with the
     service of original process of a foreign protection order may be
     assessed against the defendant.
        (h)  Assistance and advice to plaintiff.--The courts and
     hearing officers shall:
            (1)  Provide simplified forms and clerical assistance in
        English and Spanish to help with the writing and filing of
        the petition for a protection order for an individual not
        represented by counsel.
            (2)  Provide the plaintiff with written and oral
        referrals, in English and Spanish, to the local domestic
        violence program, to the local legal services office and to
        the county bar association's lawyer referral service.
     (Oct. 6, 1994, P.L.574, No.85, 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)

        2005 Amendment.  Act 66 amended subsecs. (b), (c), (d), (g)
     and (g.1) and added subsecs. (a.2) and (d.1).
        Cross References.  Section 6106 is referred to in sections
     6108, 6110 of this title.