2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 61 - Protection from Abuse
6110 - Emergency relief by minor judiciary.

     § 6110.  Emergency relief by minor judiciary.
        (a)  General rule.--When:
            (1)  in counties with less than four judges, the court is
        unavailable:
                (i)  from the close of business at the end of each
            day to the resumption of business the next morning;
                (ii)  from the end of the business week to the
            beginning of the business week; and
                (iii)  during the business day by reason of duties
            outside the county, illness or vacation;
            (2)  in counties with at least four judges, the court is
        unavailable:
                (i)  from the close of business at the end of each
            day to the resumption of business the next morning; and
                (ii)  from the end of the business week to the
            beginning of the business week;
     a petition may be filed before a hearing officer who may grant
     relief in accordance with section 6108(a)(1), (2) and (6) or (1)
     and (6) (relating to relief) if the hearing officer deems it
     necessary to protect the plaintiff or minor children from abuse
     upon good cause shown in an ex parte proceeding. Immediate and
     present danger of abuse to the plaintiff or minor children shall
     constitute good cause for the purposes of this subsection.
        (b)  Expiration of order.--An order issued under subsection
     (a) shall expire at the end of the next business day the court
     deems itself available. The court shall schedule hearings on
     protection orders entered by hearing officers under subsection
     (a) and shall review and continue in effect protection orders
     that are necessary to protect the plaintiff or minor children
     from abuse until the hearing, at which time the plaintiff may
     seek a temporary order from the court.
        (c)  Certification of order to court.--An emergency order
     issued under this section and any documentation in support
     thereof shall be immediately certified to the court. The
     certification to the court shall have the effect of commencing
     proceedings under section 6106 (relating to commencement of
     proceedings) and invoking the other provisions of this chapter.
     If it is not already alleged in a petition for an emergency
     order, the plaintiff shall file a verified statement setting
     forth the abuse of defendant at least five days prior to the
     hearing. Service of the verified statement shall be made subject
     to section 6106.
        (d)  Instructions regarding the commencement of
     proceedings.--Upon issuance of an emergency order, the hearing
     officer shall provide the plaintiff instructions regarding the
     commencement of proceedings in the court of common pleas at the
     beginning of the next business day and regarding the procedures
     for initiating a contempt charge should the defendant violate
     the emergency order. The hearing officer shall also advise the
     plaintiff of the existence of programs for victims of domestic
     violence in the county or in nearby counties and inform the
     plaintiff of the availability of legal assistance without cost
     if the plaintiff is unable to pay for them.
        (e)  Master for emergency relief.--The president judge of a
     court of common pleas of a judicial district may, with the
     approval of the Administrative Office of Pennsylvania Courts,
     provide for the selection and appointment of a master for
     emergency relief on a full-time or part-time basis. The number
     of masters for emergency relief shall be fixed by the president
     judge with the approval of the Administrative Office of
     Pennsylvania Courts. The compensation of a master for emergency
     relief shall be fixed and paid by the county.
     (July 9, 1992, P.L.400, No.87, eff. 60 days; Oct. 6, 1994,
     P.L.574, No.85, eff. 60 days; Nov. 10, 2005, P.L.335, No.66,
     eff. 180 days)

        2005 Amendment.  Act 66 added subsec. (e).
        1994 Amendment.  Act 85 amended subsecs. (a) and (b).
        Cross References.  Section 6110 is referred to in sections
     6102, 6105 of this title; section 4137 of Title 42 (Judiciary
     and Judicial Procedure).