2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 61 - Protection from Abuse
6107 - Hearings.

     § 6107.  Hearings.
        (a)  General rule.--Within ten business days of the filing of
     a petition under this chapter, a hearing shall be held before
     the court, at which the plaintiff must prove the allegation of
     abuse by a preponderance of the evidence. The court shall, at
     the time the defendant is given notice of the hearing, advise
     the defendant of the right to be represented by counsel, of the
     possibility that any firearm, other weapon or ammunition owned
     and any firearm license possessed may be ordered temporarily
     relinquished, of the options for relinquishment of a firearm
     pursuant to this chapter, of the possibility that Federal law
     may prohibit the possession of firearms, including an
     explanation of 18 U.S.C. § 922(g)(8) (relating to unlawful
     acts), and that any protection order granted by a court may be
     considered in any subsequent proceedings under this title. This
     notice shall be printed and delivered in a manner which easily
     attracts attention to its content and shall specify that child
     custody is one of the proceedings where prior protection orders
     may be considered.
        (b)  Temporary orders.--
            (1)  If a plaintiff petitions for temporary order for
        protection from abuse and alleges immediate and present
        danger of abuse to the plaintiff or minor children, the court
        shall conduct an ex parte proceeding.
            (2)  The court may enter such a temporary order as it
        deems necessary to protect the plaintiff or minor children
        when it finds they are in immediate and present danger of
        abuse. The order shall remain in effect until modified or
        terminated by the court after notice and hearing.
            (3)  In addition to any other relief, the court may,
        pursuant to section 6108 (relating to relief), direct that
        the defendant temporarily relinquish to the sheriff any
        firearms, other weapons or ammunition for the duration of the
        temporary order if the petition demonstrates any of the
        following:
                (i)  Abuse which involves a firearm or other weapon.
                (ii)  An immediate and present danger of abuse. In
            determining whether an immediate and present danger of
            abuse exists, the court shall consider a number of
            factors, including, but not limited to:
                    (A)  Whether the temporary order of protection
                from abuse is not likely to achieve its purpose in
                the absence of such a condition.
                    (B)  Whether the defendant has previously
                violated a protection from abuse order.
                    (C)  Whether past or present abuse to the
                plaintiff or any of the plaintiff's minor children
                resulted in injury.
                    (D)  Whether the abuse occurred in public.
                    (E)  Whether the abuse includes:
                        (I)  threats of abuse or suicide;
                        (II)  killing or threatening to kill pets;
                        (III)  an escalation of violence;
                        (IV)  stalking or obsessive behavior;
                        (V)  sexual violence; or
                        (VI)  drug or excessive alcohol use.
            (4)  If the court orders the defendant to temporarily
        relinquish any firearm, other weapon or ammunition pursuant
        to paragraph (3), the defendant shall decide in what manner
        the defendant is going to relinquish any firearm, other
        weapon or ammunition listed in the order. Relinquishment may
        be to the sheriff pursuant to section 6108(a)(7) or to a
        third party for safekeeping pursuant to section 6108.3
        (relating to relinquishment to third party for safekeeping).
        (c)  Continued hearings.--If a hearing under subsection (a)
     is continued and no temporary order is issued, the court may
     make ex parte temporary orders under subsection (b) as it deems
     necessary.
     (Oct. 6, 1994, P.L.574, No.85, eff. 60 days; Dec. 16, 1997,
     P.L.549, No.58, eff. Jan. 1, 1998; Nov. 10, 2005, P.L.335,
     No.66, eff. 180 days)

        2005 Amendment.  Act 66 amended subsecs. (a) and (b).
        Cross References.  Section 6107 is referred to in sections
     6106, 6108 of this title.