Rule 1901.5.4 - Preliminary Arraignment(a) When a defendant is arrested by a police officer upon probable cause or pursuant to a private criminal complaint for violation of a protection from abuse order issued by a Judge or an emergency order issued by a Magisterial District Judge, the defendant shall be preliminarily arraigned forthwith before a Magisterial District Judge.(b) At the preliminary arraignment, the defendant shall be notified: 1. That he/she is charged with criminal contempt for violation of the Protection From Abuse Order.2. That a hearing will be held in the Court of Common Pleas of Forest/Warren County when scheduled by the Court Administrator; and3. That the defendant is entitled to be represented by counsel, and if unable to afford counsel, free counsel may be appointed if the Defendant cannot afford counsel. The defendant should immediately contact the office of the Public Defender of Forest/Warren County.(c) If the arraignment occurs during the Court's business hours the Magisterial District Judge shall contact the Court Administrator to obtain a time and date for the hearing. The Magisterial District Judge shall then inform the plaintiff and defendant of the date and time for the hearing in writing in the form of FORM 1901B (above). If the Magisterial District Judge is unable to contact the Court Administrator at the preliminary arraignment he shall contact the Court Administrator as soon thereafter as possible. The Magisterial District Judge shall advise the defendant, and if present the plaintiff, in the form of FORM 1901A, that each will be receiving a notice from the Court Administrator setting forth the date, time and place of the hearing on contempt. The Court Administrator shall then schedule a hearing and notify the plaintiff and defendant of the date and time for the hearing in writing sent to their last known addresses shown on the documents filed before the Magisterial District Judge in this action.
(d) The Court of the Magisterial District Judge shall set bail to insure the defendant's presence at the contempt hearing in accordance with Pennsylvania Rule of Criminal Procedure 4004 with conditions including, without limitation, a condition that the defendant not contact the plaintiff or members of the plaintiff's household, directly or indirectly, until further order of Court. (e) Defendants who fail to post bail shall be committed to the Warren County Jail pending the hearing. (f)The hearing shall be scheduled within ten (10) days.Amended effective 1/14/2014 and 1/24/2014.