Rule 1901.5.3 - Private Criminal ComplaintA plaintiff may file a private criminal complaint against the defendant on a form similar to the form for Order and Notice for Civil Contempt (above) alleging indirect criminal contempt for non-economic violations of any provision of an order issued under the Protection from Abuse Act by the Court or a District Justice. The private criminal complaint shall be filed with the District Justice in the jurisdiction where the violation occurred.
(1) Upon review and determination of probable cause the District Justice shall issue a warrant or summons. If the District Justice issues a summons the summons shall indicate the date, time and place for the hearing which the District Justice shall obtain from the Court Administrator unless the District Justice is unable to contact the Court Administrator. In the latter event the defendant shall be informed by the Court Administrator of the time, date and place for the hearing. If the District Justice issues a warrant the District Justice shall cause a warrant to be forwarded to the appropriate police agency for service. Upon arrest, the defendant shall be taken to the District Justice, without unnecessary delay for a preliminary arraignment in accordance with Rule L1903.4. The District Justice shall cause the complaint to be filed with the Clerk of Courts as soon as practicable. The Clerk of Courts shall docket the complaint and forward it to the Court Administrator who shall schedule a hearing.(2) The Sheriff shall not require a deposit for service however the cost of service may be assessed to one or both parties when the hearing is held.Amended effective 1/14/2014 and 1/24/2014.