The next two sections of The Act state that a counselor/advocate can attend any legal proceedings and how and when law enforcement is to disclose each party’s address.
§ 6111. Domestic violence counselor/advocate.
A domestic violence counselor/advocate may accompany a party to any legal proceeding or hearing under this chapter.
§ 6112. Disclosure of addresses.
During the course of a proceeding under this chapter, the court or hearing officer may consider whether the plaintiff or plaintiff’s family is endangered by disclosure of the permanent or temporary address of the plaintiff or minor children. Neither in the pleadings nor during proceedings or hearings under this chapter shall the court or hearing officer require disclosure of the address of a domestic violence program. Where the court concludes that the defendant poses a threat of continued danger to the plaintiff and where the plaintiff requests that his or her address, telephone number and information about whereabouts not be disclosed, the court shall enter an order directing that law enforcement agencies, human service agencies and school districts (both in which a plaintiff’s child in custody of the plaintiff is or has been enrolled) shall not disclose the presence of the plaintiff or the child in the jurisdiction or district or furnish any address, telephone number or any other demographic information about the plaintiff and child except by further order of the court.
Section 6113 explains that if there is probable cause that a person has violated a PFA order, the police may arrest the accused without a warrant; the charge will be indirect criminal contempt (ICC). If the police had not previously seized weapons, any weapons might again be subject to seizure if the defendant threatened to use them during the violation of the order. Following an arrest, the police will take the defendant to a holding cell and then “without unnecessary delay” before the court or a magisterial district judge for a preliminary arraignment where the judge will set bail. If the defendant can post bail or the bail is unsecured, the police will release the defendant. Otherwise, the court will have the defendant imprisoned at the county jail until the hearing, which again the court must schedule within ten days of the district attorney filing the charge.
§ Section 6113. Arrest for violation of order.
- General rule.–An arrest for violation of an order issued pursuant to this chapter or a foreign protection order may be without warrant upon probable cause whether or not the violation is committed in the presence of the police officer or sheriff in circumstances where the defendant has violated a provision of an order consistent with section 6108(a)(1), (2), (3), (4), (6), (7) or (9) (relating to relief). The police officer or sheriff may verify the existence of a protection order by telephone, radio or other electronic communication with the appropriate police department, Pennsylvania State Police registry, protection order file or issuing authority. A police officer or sheriff shall arrest a defendant for violating an order issued under this chapter by a court within the judicial district, issued by a court in another judicial district within this Commonwealth or a foreign protection order issued by a comparable court.
- Seizure of firearms, other weapons and ammunition.–Subsequent to an arrest, the police officer or sheriff shall seize all firearms, other weapons and ammunition used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in the defendant’s possession. As soon as it is reasonably possible, the arresting officer shall deliver the confiscated firearms, other weapons and ammunition to the office of the sheriff. The sheriff shall maintain possession of the firearms, other weapons and ammunition until the court issues an order specifying the firearms, other weapons and ammunition to be relinquished and the persons to whom the firearms, other weapons and ammunition shall be relinquished.
- Procedure following arrest.–Subsequent to an arrest, the defendant shall be taken by the police officer or sheriff without unnecessary delay before the court in the judicial district where the contempt is alleged to have occurred. When that court is unavailable, the police officer or sheriff shall convey the defendant to a magisterial district judge designated as appropriate by local rules of court or, in the city of Pittsburgh, to a magistrate of the Pittsburgh Magistrates Court or, in counties of the first class, to the appropriate hearing officer. For purposes of procedure relating to arraignments for arrest for violation of an order issued under this chapter, the judges of Pittsburgh Magistrates Court shall be deemed to be magisterial district judges.
- Preliminary arraignment.–The defendant shall be afforded a preliminary arraignment without unnecessary delay.
- Other emergency powers unaffected.–This section shall not be construed to in any way limit any of the other powers for emergency relief provided in this chapter.
- Hearing.–A hearing shall be scheduled within ten days of the filing of the charge or complaint of indirect criminal contempt. The hearing and any adjudication shall not preclude a hearing on other criminal charges underlying the contempt, nor shall a hearing or adjudication on other criminal charges preclude a hearing on a charge of indirect criminal contempt.
A supplement to Section 6113 allows plaintiffs to file a private criminal complaint against defendants; this is likely only done if the police or district attorney refuses to investigate. After a person files a private criminal complaint, the district attorney’s office must decide whether to require the police to investigate “without unreasonable delay,” whatever that means. If the district attorney decides not to pursue the case, the accuser can appeal to the county court. However, the county court will likely never overturn the decision of the district attorney.
This section mirrors the Pennsylvania criminal code provisions that allow private citizens to file criminal complaints against anyone with any charge. These are a relic of the Pennsylvania legal system, and I believe citizens very rarely use them. I, however, filed a number of them because the police and district attorney refused to take action against some clear violations of the law. I will discuss these complaints in much greater detail later in the book. Unsurprisingly, they were all denied by the district attorney. I appealed one of them to the court, but the court rejected it. The system of private criminal complaints makes little sense in today’s legal system. Requiring a district attorney’s office to research something they are uninterested in is not going to lead to a conviction.
Of note, Pennsylvania also has a system for private prosecutions in which a private attorney can act as the prosecutor. Getting a private criminal complaint adjudicated will likely require a private prosecution. I have never heard of anyone doing this, but I seriously considered it as a legal exercise; I would have acted as the prosecuting attorney. In the end, this would have just come off as vindictive, annoyed the court, and required a considerable amount of time and money. I will discuss this in more detail later.
§ 6113.1. Private criminal complaints for violation of order or agreement.
- General rule.–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 this chapter or a foreign protection order, with the court, the office of the district attorney or the magisterial district judge in the jurisdiction or county where the violation occurred, except that, in a city of the first class, a complaint may only be filed with the family division of the court of common pleas or the office of the district attorney.
- Procedure service.–Procedure for filing and service of a private criminal complaint shall be provided as set forth by local rule. No fees or costs associated with the prosecution of the private criminal complaint shall be assigned to the plaintiff at any stage of the proceeding, including, but not limited to, filing, service, failure to prosecute, withdrawal or dismissal. Nothing in this subsection is intended to expand or diminish the court’s authority to enter an order pursuant to Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of Documents. Representations to the Court. Violation).
- Fees and costs.–After a finding of indirect criminal contempt, fees and costs may be assessed against the defendant. The court shall waive fees and costs imposed pursuant to this chapter upon a showing of good cause or when the court makes a finding that the defendant is not able to pay the costs associated with the indirect criminal contempt action. Nothing in this subsection is intended to expand or diminish the court’s authority to enter an order pursuant to Pa.R.C.P. No. 1023.1.