2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 61 - Protection from Abuse
6113 - Arrest for violation of order.

     § 6113.  Arrest for violation of order.
        (a)  General rule.--An arrest for violation of an order
     issued pursuant to this chapter or a foreign protection order
     may be without warrant upon probable cause whether or not the
     violation is committed in the presence of the police officer or
     sheriff in circumstances where the defendant has violated a
     provision of an order consistent with section 6108(a)(1), (2),
     (3), (4), (6), (7) or (9) (relating to relief). The police
     officer or sheriff may verify the existence of a protection
     order by telephone, radio or other electronic communication with
     the appropriate police department, Pennsylvania State Police
     registry, protection order file or issuing authority. A police
     officer or sheriff shall arrest a defendant for violating an
     order issued under this chapter by a court within the judicial
     district, issued by a court in another judicial district within
     this Commonwealth or a foreign protection order issued by a
     comparable court.
        (b)  Seizure of firearms, other weapons and ammunition.--
     Subsequent to an arrest, the police officer or sheriff shall
     seize all firearms, other weapons and ammunition used or
     threatened to be used during the violation of the protection
     order or during prior incidents of abuse and any other firearms
     in the defendant's possession. As soon as it is reasonably
     possible, the arresting officer shall deliver the confiscated
     firearms, other weapons and ammunition to the office of the
     sheriff. The sheriff shall maintain possession of the firearms,
     other weapons and ammunition until the court issues an order
     specifying the firearms, other weapons and ammunition to be
     relinquished and the persons to whom the firearms, other weapons
     and ammunition shall be relinquished.
        (c)  Procedure following arrest.--Subsequent to an arrest,
     the defendant shall be taken by the police officer or sheriff
     without unnecessary delay before the court in the judicial
     district where the contempt is alleged to have occurred. When
     that court is unavailable, the police officer or sheriff shall
     convey the defendant to a magisterial district judge designated
     as appropriate by local rules of court or, in the city of
     Pittsburgh, to a magistrate of the Pittsburgh Magistrates Court
     or, in counties of the first class, to the appropriate hearing
     officer. For purposes of procedure relating to arraignments for
     arrest for violation of an order issued under this chapter, the
     judges of Pittsburgh Magistrates Court shall be deemed to be
     magisterial district judges.
        (d)  Preliminary arraignment.--The defendant shall be
     afforded a preliminary arraignment without unnecessary delay.
        (e)  Other emergency powers unaffected.--This section shall
     not be construed to in any way limit any of the other powers for
     emergency relief provided in this chapter.
        (f)  Hearing.--A hearing shall be scheduled within ten days
     of the filing of the charge or complaint of indirect criminal
     contempt. The hearing and any adjudication shall not preclude a
     hearing on other criminal charges underlying the contempt, nor
     shall a hearing or adjudication on other criminal charges
     preclude a hearing on a charge of indirect criminal contempt.
     (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.
        Cross References.  Section 6113 is referred to in sections
     6105, 6108, 6121 of this title.