2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 61 - Protection from Abuse
6113.1 - Private criminal complaints for violation of order or agreement.

     § 6113.1.  Private criminal complaints for violation of order or
                agreement.
        (a)  General rule.--A plaintiff may file a private criminal
     complaint against a defendant, alleging indirect criminal
     contempt for a noneconomic violation of any provision of an
     order or court-approved consent agreement issued under this
     chapter or a foreign protection order, with the court, the
     office of the district attorney or the magisterial district
     judge in the jurisdiction or county where the violation
     occurred, except that, in a city of the first class, a complaint
     may only be filed with the family division of the court of
     common pleas or the office of the district attorney.
        (b)  Procedure service.--Procedure for filing and service of
     a private criminal complaint shall be provided as set forth by
     local rule. No fees or costs associated with the prosecution of
     the private criminal complaint shall be assigned to the
     plaintiff at any stage of the proceeding, including, but not
     limited to, filing, service, failure to prosecute, withdrawal or
     dismissal. 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)  Fees and costs.--After a finding of indirect criminal
     contempt, fees and costs may be assessed against the defendant.
     The court shall waive fees and costs imposed pursuant to this
     chapter upon a showing of good cause or when the court makes a
     finding that the defendant is not able to pay the costs
     associated with the indirect criminal contempt action. 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.
     (Oct. 6, 1994, P.L.574, No.85, eff. 60 days; June 22, 2001,
     P.L.576, No.39, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207,
     eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

        2004 Amendment.  See sections 28 and 29 of Act 207 in the
     appendix to this title for special provisions relating to
     applicability and construction of law.