Clin. Cnty. Pa. 506.1

As amended through December 4, 2023
Rule 506.1 - Private Criminal Complaint for Violation of Order or Agreement Entered Pursuant to the Protection From Abuse Act (23 Pa.C.S.A. 6101, et seq.) or the Protection of Victims of Sexual Violence or Intimidation Act (42 Pa.C.S.A. 62A01, et seq.)
(A) In lieu of filing a complaint with the police, 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 the Protection From Abuse Act, 23 Pa.C.S. § 6101 et seq., or Probation of Victims of Sexual Violence or Intimidation Act, 42 Pa.C.S. § 62A01 et seq., with the Office of District Attorney, the Court or the Magisterial District Judge in the district where the violation occurred in accordance with the following procedure:
(1) With the Office of District Attorney - The Plaintiff may file with the Office of District Attorney a private criminal complaint on a form approved by the Court. The District Attorney's Office shall review the complaint and approve or disapprove it without unreasonable delay. If the District Attorney approves the complaint, the attorney shall indicate this decision on the complaint form and shall docket the complaint with the Clerk of Courts. The Clerk of Courts shall forward it to the Judge who handled the original order or consent agreement. The Judge shall review the allegations and if the Judge finds that probable cause exists, the Judge shall issue a warrant. The court shall forward the warrant to the Sheriff of Clinton County.
(2) The Sheriff shall serve the warrant upon the defendant and take the Defendant before the Court without unnecessary delay. If the Court is not in session the Defendant shall be taken to the appropriate Magisterial District Judge. The defendant shall be afforded a preliminary arraignment pursuant to 23 Pa.C.S. § 6113(d) or 42 Pa. C.S.A. § 62A 12(c) and bail shall be set (and the Court shall be notified if arraignment occurs in front of a Magisterial District Judge). The court shall schedule a hearing within ten (10) days of the filing of the private criminal complaint. If the Judge finds that sufficient grounds are not alleged in the complaint, the Judge may summarily dismiss the complaint without a hearing.
(3) If the District Attorney disapproves the complaint, the attorney shall state the reasons on the complaint form and return it to the affiant. Thereafter, the affiant may petition the court of common pleas and proceed pro se in accordance with subsection (2).
(4) With the Court or the Magisterial District Judge in the district where the violation occurred - The Plaintiff may file with the Court or the Magisterial District Judge in the district where the violation occurred a private criminal complaint on a form approved by the court. After the complaint is filed, it shall be immediately forwarded to the Office of the District Attorney (unless the District Attorney has already disapproved the complaint, in which case the affiant shall proceed pro se in the Court of Common Pleas), who shall review it and follow the procedure outlined in subsection (a)(1) of this Rule.

Clin. Cnty. Pa. 506.1

Amended effective 12/4/2023.