Rule 1901.5 - Procedure for Enforcement of Protection from Abuse OrdersA. When a defendant is arrested for violation of a Protection From Abuse Order issued by the Court or a Temporary Protection Order issued by a District Justice, the defendant shall be preliminarily arraigned by a District Justice forthwith.B. In that event, a complaint for a violation of an existing order must be filed with the District Justice by the plaintiff in such action or by the police. The complaint shall be substantially in following form: (Caption)
COMPLAINT FOR INDIRECT CRIMINAL CONTEMPT FOR VIOLATION OF PROTECTION FROM ABUSE ORDER
I, the undersigned, do hereby state:
1. My name is _________________ and I live at _________________ ;2. I accuse _________________, who lives at _________________, with violating a Protection From Abuse Order entered by Judge ______ on the ____ day of ____, 20 ____ (attach a copy of the Order if available); 3. The date (and the day of the week) when the accused committed the offense was on or about ______ ;4. The place where the offense was ______ ;5. The acts committed by the accused were _________________ ; all of which were in violation of the Protection From Abuse Order entered in accordance with the Protection From Abuse Act, 35 P.S. § 10181, et seq.;6. If the defendant has not already been arrested, I ask that a warrant of arrest be issued and that the accused be required to answer the charges I have made. I verify that the statements made in the complaint are true and correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Date _________________ _________________ (Signature of Affiant)
The above subscribed affiant personally appeared before me on ______, ______, signed the complaint in my presence and asserted that the facts therein are true and correct; and wherefore it appears that there is probable cause for the issuance of process.
(SEAL) (Issuing Authority)
C. At the Preliminary Arraignment, the defendant shall be notified:(a) that he or she is charged with indirect criminal contempt for violation of the Protection From Abuse Order. A copy of the complaint shall be given to the defendant;(b) that a hearing will be held before a judge of the Court on the first available date; and(c) that the defendant is entitled to be represented by counsel and, if unable to afford counsel and otherwise qualifies, counsel will be appointed.D. Bail shall be set to insure defendant's presence at the contempt hearing in accordance with Pennsylvania Rule of Criminal Procedure No. 4004 including, without limitation, the condition that the defendant not contact the petitioner or members of the petitioner's household, or anyone with whom the petitioner then resides, directly or indirectly. E. If the defendant is not able to post bail, he shall be committed to the Beaver County Jail. Bail may be thereafter posted through Beaver County Pre-Trial Services at the earliest appropriate time.F. The office of the District Justice shall cause the following completed forms and bail, if entered, to be forwarded immediately to the Beaver County Court Administrator's Office, Beaver County Courthouse: (a) complaint charging a violation of the Protection From Abuse Order;(b) probable cause affidavit, if any; and(c) certificate of bail and commitment.G. Upon receipt of papers from the District Justice, the Court Administrator will forward said papers to the appropriate Judge of the Court who will set a hearing on the contempt charge at the earliest possible time. Amended effective 3/1/2024