The remaining sections, 6115 through 6122 with 6118 having been repealed, provide information about reporting, confidentiality, immunity, etc. The only notable provision here states that, while the police can arrest the defendant without a warrant, they may not do warrantless searches for firearms, other weapons, or ammunition. I have included them below for completeness.
§ 6115. Reporting abuse and immunity
- Reporting.–A person having reasonable cause to believe that a person is being abused may report the information to the local police department.
- Contents of report.–The report should contain the name and address of the abused person, information regarding the nature and extent of the abuse and information which the reporter believes may be helpful to prevent further abuse.
- Immunity.–A person who makes a report shall be immune from a civil or criminal liability on account of the report unless the person acted in bad faith or with malicious purpose.
§ 6116. Confidentiality.
- Unless a victim waives the privilege in a signed writing prior to testimony or disclosure, a domestic violence counselor/advocate or a coparticipant who is present during domestic violence counseling/advocacy shall not be competent nor permitted to testify or to otherwise disclose confidential communications made to or by the counselor/advocate by or to a victim. The privilege shall terminate upon the death of the victim. Neither the domestic violence counselor/advocate nor the victim shall waive the privilege of confidential communications by reporting facts of physical or sexual assault under Chapter 63 (relating to child protective services), a Federal or State mandatory reporting statute or a local mandatory reporting ordinance.
§ 6117. Procedure and other remedies.
- General rule.–Unless otherwise indicated in this chapter, a proceeding under this chapter shall be in accordance with applicable general rules and shall be in addition to any other available civil or criminal remedies. The plaintiff and the defendant may seek modification of an order issued under section 6108 (relating to relief) at any time during the pendency of an order. Except as otherwise indicated in this chapter, modification may be ordered after the filing of a petition for modification, service of the petition and a hearing on the petition.
- Remedies for bad faith.–Notwithstanding any other provision of law, upon finding that an individual commenced a proceeding under this chapter in bad faith, a court shall direct the individual to pay to the defendant actual damages and reasonable attorney fees. Failure to prove an allegation of abuse by a preponderance of the evidence shall not, by itself, result in a finding of bad faith.
§ 6119. Immunity.
- General rule.–Law enforcement agencies and their employees, including police officers and sheriffs, shall, except as provided in subsection (b), be immune from civil liability for actions taken in good faith to carry out their duties relating to the seizure and relinquishment of firearms, other weapons and ammunition as provided for in this chapter, except for gross negligence, intentional misconduct or reckless, willful or wanton misconduct.
- Exception.–Law enforcement agencies and their employees, including police officers and sheriffs, shall be liable to the lawful owner of confiscated, seized or relinquished firearms in accordance with 18 Pa.C.S. § 6105(f) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) and shall be liable to the lawful owner of confiscated, seized or relinquished other weapons or ammunition for any loss, damage or substantial decrease in the value of the other weapons or ammunition that is a direct result of a lack of reasonable care by the law enforcement agency or its employees.
§ 6120. Inability to pay.
- Order for installment payments.–Upon plea and proof that a person is without the financial means to pay a fine, a fee, economic relief ordered under section 6108(a)(8) (relating to relief) or a cost, a court may order payment of money owed in installments appropriate to the circumstances of the person and shall fix the amounts, times and manner of payment.
- Use of credit cards.–The treasurer of each county may allow the use of credit cards and bank cards in the payment of money owed under this chapter.
§ 6121. Warrantless searches.
- Except as provided in section 6113 (relating to arrest for violation of order), nothing in this chapter shall authorize a warrantless search for firearms, other weapons or ammunition.
§ 6122. Construction.
- Nothing in this chapter shall be construed to preclude an action for wrongful use of civil process pursuant to 42 Pa.C.S. Ch. 83 Subch. E (relating to wrongful use of civil proceedings) or criminal prosecution for a violation of 18 Pa.C.S. Ch. 49 (relating to falsification and intimidation).
Section 4136. Rights of persons charged with certain indirect criminal contempt
The legislature added Section 4136 as part of Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes in 1976, the same year The Act was passed into law. In addition to requiring a jury trial, Section 4136 also limits the maximum sentence for disobeying a restraining order to no more than 15 days in jail and a $100 fine. It would then appear that The Act, which makes it clear a PFA order is indeed a restraining order, is in direct conflict with this statute. However, this was ruled in 2008 to violate Pennsylvania’s constitution in Commonwealth v. McMullen. An excellent article in the Duquesne Law Review by Daniel Sodroski titled “Unraveling the Uncertainties of the Separation of Powers Between Pennsylvania’s General Assembly and the Judiciary in the Field of Criminal Contempt: The Constitutionality of Pennsylvania’s Criminal Contempt Statutes After Commonwealth v. McMullen” explores this decision. I will discuss this article in detail later in the book.
§ 4136. Rights of persons charged with certain indirect criminal contempts.
- General rule.–A person charged with indirect criminal contempt for violation of a restraining order or injunction issued by a court shall enjoy:
- The rights to bail that are accorded to persons accused of crime.
- The right to be notified of the accusation and a reasonable time to make a defense, if the alleged contempt is not committed in the immediate view or presence of the court.
- Upon demand, the right to a speedy and public trial by an impartial jury of the judicial district wherein the contempt is alleged to have been committed.
- The requirement of subparagraph (i) shall not be construed to apply to contempts:
- Committed in the presence of the court or so near thereto as to interfere directly with the administration of justice, or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or process of the court.
- Subject to 23 Pa.C.S. § 6114 (relating to contempt for violation of order or agreement).
- Subject to 75 Pa.C.S. § 4108(c) (relating to nonjury criminal contempt proceedings).
- The right to file with the court a demand for the withdrawal of the judge sitting in the proceeding, if the alleged contempt arises from an attack upon the character or conduct of such judge, and if the attack occurred otherwise than in open court. Upon the filing of any such demand, the judge shall thereupon proceed no further but another judge shall be designated by the court. The demand shall be filed prior to the hearing in the contempt proceeding.
- Punishment.–Except as otherwise provided in this title or by statute hereafter enacted, punishment for a contempt specified in subsection (a) may be by fine not exceeding $100 or by imprisonment not exceeding 15 days in the jail of the county where the court is sitting, or both, in the discretion of the court. Where a person is committed to jail for the nonpayment of such a fine, he shall be discharged at the expiration of 15 days, but where he is also committed for a definite time, the 15 days shall be computed from the expiration of the definite time.