Fay. Cnty. Pa. 1901.1-5

As amended through September 26, 2023
Rule 1901.1-5 - Arrest for Violation of Order
(a) Upon arrest for violation of a PFA order or court approved consent agreement, the defendant shall be taken, without unnecessary delay, to the District Justice in the district where the alleged violation occurred, or if unavailable, to the court ordered Duty District Justice for preliminary arraignment and bail pursuant to the Pennsylvania Rules of Criminal Procedure.

At the preliminary arraignment the defendant shall be notified

(1) That he is charged with indirect criminal contempt for violation of a PFA order or court approved consent order, and
(2) That he is entitled to be represented by counsel and, if unable to afford counsel and otherwise qualifies, a Public Defender will be appointed.
(b) Immediately following the preliminary arraignment, the District Justice shall provide the arresting officer and the defendant with written notice of the time and date for hearing on the charge. The written notice shall be signed by each.
(c) It shall be the duty of the arresting officer to notify the plaintiff of the time and date for hearing.
(d) The District Justice shall cause the following completed forms to be delivered to the Clerk of Courts prior to the scheduled hearing.
(1) Criminal complaint;
(2) Probable cause affidavit, if any;
(3) Warrant of arrest, if any;
(4) Certificate of bail, if required, and discharge of commitment; and
(5) Receipts for notice of hearing.
(e) When the defendant has been arrested without a warrant for a PFA violation, a criminal complaint shall be filed against the defendant prior to the preliminary arraignment.
(f) Where the police officer has been unsuccessful in his attempts to locate the defendant, the officer shall file a criminal complaint and affidavit of probable cause with the District Justice where the alleged violation occurred, or if unavailable, with the court ordered Duty District Justice who shall issue a warrant of arrest for the defendant.

Fay. Cnty. Pa. 1901.1-5