2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 61 - Protection from Abuse
6108 - Relief.

     § 6108.  Relief.
        (a)  General rule.--The court may grant any protection order
     or approve any consent agreement to bring about a cessation of
     abuse of the plaintiff or minor children. The order or agreement
     may include:
            (1)  Directing the defendant to refrain from abusing the
        plaintiff or minor children.
            (2)  Granting possession to the plaintiff of the
        residence or household to the exclusion of the defendant by
        evicting the defendant or restoring possession to the
        plaintiff if the residence or household is jointly owned or
        leased by the parties, is owned or leased by the entireties
        or is owned or leased solely by the plaintiff.
            (3)  If the defendant has a duty to support the plaintiff
        or minor children living in the residence or household and
        the defendant is the sole owner or lessee, granting
        possession to the plaintiff of the residence or household to
        the exclusion of the defendant by evicting the defendant or
        restoring possession to the plaintiff or, with the consent of
        the plaintiff, ordering the defendant to provide suitable
        alternate housing.
            (4)  Awarding temporary custody of or establishing
        temporary visitation rights with regard to minor children. In
        determining whether to award temporary custody or establish
        temporary visitation rights pursuant to this paragraph, the
        court shall consider any risk posed by the defendant to the
        children as well as risk to the plaintiff. The following
        shall apply:
                (i)  A defendant shall not be granted custody,
            partial custody or unsupervised visitation where it is
            alleged in the petition, and the court finds after a
            hearing under this chapter, that the defendant:
                    (A)  abused the minor children of the parties or
                poses a risk of abuse toward the minor children of
                the parties; or
                    (B)  has been convicted of violating 18 Pa.C.S. §
                2904 (relating to interference with custody of
                children) within two calendar years prior to the
                filing of the petition for protection order or that
                the defendant poses a risk of violating 18 Pa.C.S. §
                2904.
                (ii)  Where the court finds after a hearing under
            this chapter that the defendant has inflicted abuse upon
            the plaintiff or a child, the court may require
            supervised custodial access by a third party. The third
            party must agree to be accountable to the court for
            supervision and execute an affidavit of accountability.
                (iii)  Where the court finds after a hearing under
            this chapter that the defendant has inflicted serious
            abuse upon the plaintiff or a child or poses a risk of
            abuse toward the plaintiff or a child, the court may:
                    (A)  award supervised visitation in a secure
                visitation facility; or
                    (B)  deny the defendant custodial access to a
                child.
                (iv)  If a plaintiff petitions for a temporary order
            under section 6107(b) (relating to hearings) and the
            defendant has partial, shared or full custody of the
            minor children of the parties by order of court or
            written agreement of the parties, the custody shall not
            be disturbed or changed unless the court finds that the
            defendant is likely to inflict abuse upon the children or
            to remove the children from the jurisdiction of the court
            prior to the hearing under section 6107(a). Where the
            defendant has forcibly or fraudulently removed any minor
            child from the care and custody of a plaintiff, the court
            shall order the return of the child to the plaintiff
            unless the child would be endangered by restoration to
            the plaintiff.
                (v)  Nothing in this paragraph shall bar either party
            from filing a petition for custody under Chapter 53
            (relating to custody) or under the Pennsylvania Rules of
            Civil Procedure.
                (vi)  In order to prevent further abuse during
            periods of access to the plaintiff and child during the
            exercise of custodial rights, the court shall consider,
            and may impose on a custody award, conditions necessary
            to assure the safety of the plaintiff and minor children
            from abuse.
            (5)  After a hearing in accordance with section 6107(a),
        directing the defendant to pay financial support to those
        persons the defendant has a duty to support, requiring the
        defendant, under sections 4324 (relating to inclusion of
        medical support) and 4326 (relating to mandatory inclusion of
        child medical support), to provide health coverage for the
        minor child and spouse, directing the defendant to pay all of
        the unreimbursed medical expenses of a spouse or minor child
        of the defendant to the provider or to the plaintiff when he
        or she has paid for the medical treatment, and directing the
        defendant to make or continue to make rent or mortgage
        payments on the residence of the plaintiff to the extent that
        the defendant has a duty to support the plaintiff or other
        dependent household members. The support order shall be
        temporary, and any beneficiary of the order must file a
        complaint for support under the provisions of Chapters 43
        (relating to support matters generally) and 45 (relating to
        reciprocal enforcement of support orders) within two weeks of
        the date of the issuance of the protection order. If a
        complaint for support is not filed, that portion of the
        protection order requiring the defendant to pay support is
        void. When there is a subsequent ruling on a complaint for
        support, the portion of the protection order requiring the
        defendant to pay support expires.
            (6)  Prohibiting the defendant from having any contact
        with the plaintiff or minor children, including, but not
        limited to, restraining the defendant from entering the place
        of employment or business or school of the plaintiff or minor
        children and from harassing the plaintiff or plaintiff's
        relatives or minor children.
            (7)  Ordering the defendant to temporarily relinquish to
        the sheriff the defendant's other weapons and ammunition
        which have been used or been threatened to be used in an
        incident of abuse against the plaintiff or the minor children
        and the defendant's firearms and prohibiting the defendant
        from acquiring or possessing any firearm for the duration of
        the order and requiring the defendant to relinquish to the
        sheriff any firearm license issued under section 6108.3
        (relating to relinquishment to third party for safekeeping)
        or 18 Pa.C.S. § 6106 (relating to firearms not to be carried
        without a license) or 6109 (relating to licenses) the
        defendant may possess. A copy of the court's order shall be
        transmitted to the chief or head of the police force or
        police department of the municipality and to the sheriff of
        the county of which the defendant is a resident. When
        relinquishment is ordered, the following shall apply:
                (i)  (A)  The court's order shall require the
                defendant to relinquish such firearms, other weapons,
                ammunition and any firearm license pursuant to the
                provisions of this chapter within 24 hours of service
                of a temporary order or the entry of a final order or
                the close of the next business day as necessary by
                closure of the sheriffs' offices, except for cause
                shown at the hearing, in which case the court shall
                specify the time for relinquishment of any or all of
                the defendant's firearms.
                    (B)  A defendant subject to a temporary order
                requiring the relinquishment of firearms, other
                weapons or ammunition shall, in lieu of relinquishing
                specific firearms, other weapons or ammunition which
                cannot reasonably be retrieved within the time for
                relinquishment in clause (A) due to their current
                location, provide the sheriff with an affidavit
                listing the firearms, other weapons or ammunition and
                their current location. If the defendant, within the
                time for relinquishment in clause (A), fails to
                provide the affidavit or fails to relinquish,
                pursuant to this chapter, any firearms, other weapons
                or ammunition ordered to be relinquished which are
                not specified in the affidavit, the sheriff shall, at
                a minimum, provide immediate notice to the court, the
                plaintiff and appropriate law enforcement
                authorities. The defendant shall not possess any
                firearms, other weapons or ammunition specifically
                listed in the affidavit provided to the sheriff
                pursuant to this clause for the duration of the
                temporary order.
                    (C)  As used in this subparagraph, the term
                "cause" shall be limited to facts relating to the
                inability of the defendant to retrieve a specific
                firearm within 24 hours due to the current location
                of the firearm.
                (ii)  The court's order shall contain a list of any
            firearm, other weapon or ammunition ordered relinquished.
            Upon the entry of a final order, the defendant shall
            inform the court in what manner the defendant is going to
            relinquish any firearm, other weapon or ammunition
            ordered relinquished. Relinquishment may occur pursuant
            to section 6108.2 (relating to relinquishment for
            consignment sale, lawful transfer or safekeeping) or
            6108.3 or to the sheriff pursuant to this paragraph.
            Where the sheriff is designated, the sheriff shall secure
            custody of the defendant's firearms, other weapons or
            ammunition and any firearm license listed in the court's
            order for the duration of the order or until otherwise
            directed by court order. In securing custody of the
            defendant's relinquished firearms, the sheriff shall
            comply with 18 Pa.C.S. § 6105(f)(4) (relating to persons
            not to possess, use, manufacture, control, sell or
            transfer firearms). In securing custody of the
            defendant's other weapons and ammunition, the sheriff
            shall provide the defendant with a signed and dated
            written receipt which shall include a detailed
            description of the other weapon or ammunition and its
            condition.
                (iii)  The sheriff shall provide the plaintiff with
            the name of the person to which any firearm, other weapon
            or ammunition was relinquished.
                (iv)  Unless the defendant has complied with
            subparagraph (i)(B) or section 6108.2 or 6108.3, if the
            defendant fails to relinquish any firearm, other weapon,
            ammunition or firearm license within 24 hours or upon the
            close of the next business day due to closure of
            sheriffs' offices or within the time ordered by the court
            upon cause being shown at the hearing, the sheriff shall,
            at a minimum, provide immediate notice to the court, the
            plaintiff and appropriate law enforcement agencies.
                (v)  Any portion of any order or any petition or
            other paper which includes a list of any firearm, other
            weapon or ammunition ordered relinquished shall be kept
            in the files of the court as a permanent record thereof
            and withheld from public inspection except:
                    (A)  upon an order of the court granted upon
                cause shown;
                    (B)  as necessary, by law enforcement and court
                personnel; or
                    (C)  after redaction of information listing any
                firearm, other weapon or ammunition.
                (vi)  As used in this paragraph, the term
            "defendant's firearms" shall, if the defendant is a
            licensed firearms dealer, only include firearms in the
            defendant's personal firearms collection pursuant to 27
            CFR § 478.125a (relating to personal firearms
            collection).
            (7.1)  If the defendant is a licensed firearms dealer,
        ordering the defendant to follow such restrictions as the
        court may require concerning the conduct of his business,
        which may include ordering the defendant to relinquish any
        Federal or State license for the sale, manufacture or
        importation of firearms as well as firearms in the
        defendant's business inventory. In restricting the defendant
        pursuant to this paragraph, the court shall make a reasonable
        effort to preserve the financial assets of the defendant's
        business while fulfilling the goals of this chapter.
            (8)  Directing the defendant to pay the plaintiff for
        reasonable losses suffered as a result of the abuse,
        including medical, dental, relocation and moving expenses;
        counseling; loss of earnings or support; costs of repair or
        replacement of real or personal property damaged, destroyed
        or taken by the defendant or at the direction of the
        defendant; and other out-of-pocket losses for injuries
        sustained. In addition to out-of-pocket losses, the court may
        direct the defendant to pay reasonable attorney fees. An
        award under this chapter shall not constitute a bar to
        litigation for civil damages for injuries sustained from the
        acts of abuse giving rise to the award or a finding of
        contempt under this chapter.
            (9)  Directing the defendant to refrain from stalking or
        harassing the plaintiff and other designated persons as
        defined in 18 Pa.C.S. §§ 2709 (relating to harassment) and
        2709.1 (relating to stalking).
            (10)  Granting any other appropriate relief sought by the
        plaintiff.
        (b)  Identifying information.--Any order issued under this
     section shall, where furnished by either party, specify the
     Social Security number and date of birth of the defendant.
        (c)  Mutual orders of protection.--Mutual orders of
     protection shall not be awarded unless both parties have filed
     timely written petitions, complied with service requirements
     under section 6106 (relating to commencement of proceedings) and
     are eligible for protection under this chapter. The court shall
     make separate findings and, where issuing orders on behalf of
     both petitioners, enter separate orders.
        (d)  Duration and amendment of order or agreement.--A
     protection order or approved consent agreement shall be for a
     fixed period of time not to exceed three years. The court may
     amend its order or agreement at any time upon subsequent
     petition filed by either party.
        (e)  Extension of protection orders.--
            (1)  An extension of a protection order may be granted:
                (i)  Where the court finds, after a duly filed
            petition, notice to the defendant and a hearing, in
            accordance with the procedures set forth in sections 6106
            and 6107, that the defendant committed one or more acts
            of abuse subsequent to the entry of the final order or
            that the defendant engaged in a pattern or practice that
            indicates continued risk of harm to the plaintiff or
            minor child.
                (ii)  When a contempt petition or charge has been
            filed with the court or with a hearing officer in
            Philadelphia County, but the hearing has not occurred
            before the expiration of the protection order, the order
            shall be extended, at a minimum, until the disposition of
            the contempt petition and may be extended for another
            term beyond the disposition of the contempt petition.
            (2)  Service of an extended order shall be made in
        accordance with section 6109 (relating to service of orders).
            (3)  There shall be no limitation on the number of
        extensions that may be granted.
        (f)  Support procedure.--The domestic relations section shall
     enforce any support award in a protection order where the
     plaintiff files a complaint for support under subsection (a)(5).
        (g)  Notice.--Notice shall be given to the defendant, in
     orders issued under this section, stating that violations of an
     order will subject the defendant to arrest under section 6113
     (relating to arrest for violation of order) or contempt of court
     under section 6114 (relating to contempt for violation of order
     or agreement). Resumption of coresidency on the part of the
     plaintiff and defendant shall not nullify the provisions of the
     court order.
        (h)  Title to real property unaffected.--No order or
     agreement under this chapter shall in any manner affect title to
     any real property.
     (June 23, 1993, P.L.124, No.28, eff. imd.; Oct. 6, 1994,
     P.L.574, No.85, eff. 60 days; Dec. 16, 1997, P.L.549, No.58,
     eff. 60 days; May 10, 2000, P.L.35, No.10, eff. imd.; Dec. 9,
     2002, P.L.1759, No.218, eff. 60 days; Nov. 10, 2005, P.L.335,
     No.66, eff. 180 days)

        References in Text.  Chapter 45, referred to in subsec.
     (a)(5), was repealed by the act of April 4, 1996, P.L.58, No.20.
     The subject matter is now contained in Parts VIII and VIII-A of
     this title.
        Cross References.  Section 6108 is referred to in sections
     6105, 6107, 6108.2, 6108.3, 6108.5, 6110, 6113, 6117, 6120, 6711
     of this title; sections 2709.1, 6105, 6106 of Title 18 (Crimes
     and Offenses).