Rule 1901.5.A - Enforcement. Bail. Arraignment. Notice. Prosecution(a) A police officer may arrest a defendant for violation of a protection order upon probable cause which shall be supplied by the victim, officer, other witnesses or combination thereof. If necessary, the officer may verify the existence of said order by phone or radio with the appropriate police, PSP Database or court. The complaint for indirect criminal contempt shall be substantially in the form prescribed in C.C.R.C.P. 1905.A.(c). The probable cause affidavit shall be substantially in the form prescribed in C.C.R.C.P. 1905.A.(b).(b) Upon arrest, the defendant shall be taken into custody and taken to the district justice in whose district the violation occurred, or other assigned district justice, for arraignment and the setting of bail. The arresting officer shall not release the defendant from custody without taking him or her before the proper district justice. The district justice shall have exclusive jurisdiction for all arraignments for the offense of indirect criminal contempt for violation of protection from abuse orders. All applications for an increase or decrease in bail shall be heard by the Court of Common Pleas.(c)Arraignment -The arraignment shall be held in the same manner as required under Pa.R.Crim.P. 540 except that no preliminary hearing will be scheduled. The defendant shall be notified that: (1) He or she is being charged with indirect criminal contempt for violation of a protection from abuse order.(2) He or she has the right to be represented by counsel and if unable to afford private counsel and otherwise qualifies, counsel will be appointed by the court; and(3) A hearing will be held in the Court of Common Pleas of Chester County on the next available date for such hearings pursuant to subsection (d).(d)Hearings - All hearings for indirect criminal contempt for violation of protection from abuse orders shall be heard at such times and manner as directed by the Court. In no case shall the hearing take place more than ten (10) days from the date of arraignment.(e)Notice - At the conclusion of the arraignment, the defendant or counsel of record for the defendant, if present, shall be given a written notice of the hearing in the form prescribed by C.C.R.C.P 1905.A.(d). A copy of the complaint and notice of hearing in the form prescribed by C.C.R.C.P 1905.A.(e) shall be given or mailed by regular and certified mail to the plaintiff at the address shown on the complaint, and by regular mail to the arresting officer and the District Attorney of Chester County.(f) Following arraignment, the office of the District Justice shall deliver the original of all papers to the Clerk of Court of Chester County. The office of the District Justice shall deliver copies of all papers to the Family Court, the District Attorney of Chester County, and the Public Defender of Chester County.(g) Family Court shall determine whether defendants listed for indirect criminal contempt hearings are currently incarcerated and shall notify the Sheriff of Chester County of the names of any incarcerated defendants scheduled for hearing for transport to the courthouse.(h) The District Attorney of Chester County or his designee shall prosecute all charges of indirect criminal contempt for violation of protection from abuse orders. Any designation of another to prosecute shall be in writing.Chest. Cnty. Ct. Comm. Plea. R. 1901.5.A
Amended effective 6/13/2022.