§ 6106. Commencement of proceedings
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 23 Pa.C.S.A. Domestic RelationsEffective: April 22, 2019
Effective: April 22, 2019
23 Pa.C.S.A. § 6106
§ 6106. Commencement of proceedings
<For applicability of the amendment of this section by Act 2018, Oct. 12, P.L. 519, No. 79, § 4, see § 11 of that Act.>
<For applicability of the amendment of this section by Act 2018, Oct. 24, P.L. 649, No. 92, § 1, see § 2 of that Act.>
(a) General rule.--An adult or an emancipated minor may seek relief under this chapter for that person or any parent, adult household member or guardian ad litem may seek relief under this chapter on behalf of minor children, or a guardian of the person of an adult who has been declared incompetent under 20 Pa.C.S. Ch. 51 Subch. B (relating to appointment of guardian) may seek relief on behalf of the incompetent adult, by filing a petition with the court alleging abuse by the defendant.
(a.2) Notification of defendant's occupation.--The plaintiff shall notify the court if the plaintiff has reason to believe that the defendant is a licensed firearms dealer, is employed by a licensed firearms dealer or manufacturer, is employed as a writer, researcher or technician in the firearms or hunting industry or is required to carry a firearm as a condition of employment.
(a.3) Notification of need to protect plaintiff.--The plaintiff shall notify the court anytime during the period commencing upon filing the petition and granting of an order or approving a consent agreement at a hearing held under section 6107(a) (relating to hearings) if the plaintiff has reason to believe the plaintiff's safety is at risk. In such a case, the court shall direct the Pennsylvania State Police, the municipal police or the sheriff to accompany the plaintiff to the plaintiff's residence to retrieve personal belongings or to accompany the plaintiff while the petition or order is served upon the defendant by the sheriff or competent adult, as set forth in the Pennsylvania Rules of Civil Procedure.
(b) Plaintiff fees not permitted.--No plaintiff seeking relief under this chapter shall be charged any fees or costs associated with the filing, issuance, registration or service of a petition, motion, complaint, order or any other filing. Prohibited fees or costs shall include, but are not limited to, those associated with modifying, withdrawing, dismissing or certifying copies of a petition, motion, complaint, order or any other filing, as well as any judicial surcharge or computer system fee. No plaintiff seeking relief under this chapter shall be charged any fees or costs associated with filing a motion for reconsideration or an appeal from any order or action taken pursuant to this chapter. 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).
(c) Assessment of fees and costs against the defendant.--When an order is granted pursuant to this chapter, fees and costs shall be assessed against the defendant. The court shall waive fees and costs upon a showing of good cause or when the court makes a finding that the defendant is not able to pay the costs. 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.
(g) Service of petition and orders.--The petition and orders shall be served upon the defendant, and orders shall be served upon the police departments and sheriff with appropriate jurisdiction to enforce the orders. Orders shall be promptly served on the police and sheriff. Failure to serve shall not stay the effect of a valid order.
(g.1) Service of original process of a foreign protection order.--No plaintiff or petitioner shall be charged any costs or fees associated with the service of original process of a foreign protection order. Costs or fees associated with the service of original process of a foreign protection order may be assessed against the defendant.
Credits
1990, Dec. 19, P.L. 1240, No. 206, § 2, effective in 90 days. Amended 1994, Oct. 6, P.L. 574, No. 85, § 1, effective in 60 days; 2001, June 22, P.L. 576, No. 39, § 4, effective in 60 days; 2005, Nov. 10, P.L. 335, No. 66, § 7, effective in 180 days [May 9, 2006]; 2018, Oct. 12, P.L. 519, No. 79, § 4, effective in 180 days [April 10, 2019]; 2018, Oct. 24, P.L. 649, No. 92, § 1, effective in 180 days [April 22, 2019].
23 Pa.C.S.A. § 6106, PA ST 23 Pa.C.S.A. § 6106
Current through Act 18 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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