§ 6114. Contempt for violation of order or agreement
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 23 Pa.C.S.A. Domestic RelationsEffective: May 9, 2006
Effective: May 9, 2006
23 Pa.C.S.A. § 6114
§ 6114. Contempt for violation of order or agreement
(a) General rule.--Where the police, sheriff or the plaintiff have filed charges of indirect criminal contempt against a defendant for violation of a protection order issued under this chapter, a foreign protection order or a court-approved consent agreement, the court may hold the defendant in indirect criminal contempt and punish the defendant in accordance with law.
(a.1) Jurisdiction.--A court shall have jurisdiction over indirect criminal contempt charges for violation of a protection order issued pursuant to this chapter in the county where the violation occurred and in the county where the protection order was granted. A court shall have jurisdiction over indirect criminal contempt charges for violation of a foreign protection order in the county where the violation occurred.
(a.2) Minor defendant.--Any defendant who is a minor and who is charged with indirect criminal contempt for allegedly violating a protection from abuse order shall be considered to have committed an alleged delinquent act as that term is defined in 42 Pa.C.S. § 6302 (relating to definitions) and shall be treated as provided in 42 Pa.C.S. Ch. 63 (relating to juvenile matters).
(c) Notification upon release.--The appropriate releasing authority or other official as designated by local rule shall use all reasonable means to notify the victim sufficiently in advance of the release of the offender from any incarceration imposed under subsection (b). Notification shall be required for work release, furlough, medical leave, community service, discharge, escape and recapture. Notification shall include the terms and conditions imposed on any temporary release from custody. The plaintiff must keep the appropriate releasing authority or other official as designated by local rule advised of contact information; failure to do so will constitute waiver of any right to notification under this section.
(d) Multiple remedies.--Disposition of a charge of indirect criminal contempt shall not preclude the prosecution of other criminal charges associated with the incident giving rise to the contempt, nor shall disposition of other criminal charges preclude prosecution of indirect criminal contempt associated with the criminal conduct giving rise to the charges.
Credits
1990, Dec. 19, P.L. 1240, No. 206, § 2, effective in 90 days. Amended 1994, Oct. 6, P.L. 574, No. 85, § 3, effective in 60 days; 1998, March 24, P.L. 204, No. 36, § 2, effective in 60 days; 2001, June 22, P.L. 576, No. 39, § 5, effective in 60 days; 2005, Nov. 10, P.L. 335, No. 66, § 12, effective in 180 days [May 9, 2006].
23 Pa.C.S.A. § 6114, PA ST 23 Pa.C.S.A. § 6114
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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