As amended through September 26, 2023
Rule 1901.1-6 - Private Criminal Complaint for Violation of Order or Agreement(a) A private criminal complaint shall be filed with the District Justice in the district where the alleged abuse occurred, or if unavailable, with the court ordered Duty District Justice.(b) The approval of the District Attorney is not required prior to the filing of a criminal complaint under this section.(c) The procedure for filing a private criminal complaint for indirect criminal contempt for violation of a non-economic provision of an order or court approved consent agreement pursuant to 6113.1 of the Act is as follows: (1) District Justice. (i) The District Justice shall provide the complaint form and assist in the preparation thereof.(ii) The District Justice shall set a date for hearing consistent with the schedule of the PFA Judge and prepare a notice of hearing.(iii) The District Justice shall provide the plaintiff with a copy of the private criminal complaint and notice of hearing, receipt of which shall be acknowledged in writing by the plaintiff.(iv) The District Justice shall serve a copy of the private complaint and notice of hearing on the defendant by certified mail return receipt requested.(v) The District Justice shall notify the District Attorney that the return receipt has been received or that the criminal complaint has been returned undelivered.(2) Clerk of Courts. (i) The Clerk of Courts shall process the documents received from the District Justice and forward them to the PFA Judge.