PRINTER'S NO. 2090
No. 1704 Session of 1999
INTRODUCED BY GANNON, BELFANTI, CORRIGAN, COSTA, COY, DeLUCA,
GEIST, GODSHALL, HARHAI, MARSICO, MICOZZIE, ORIE, SATHER,
SCRIMENTI, SERAFINI, STABACK, E. Z. TAYLOR, TRELLO AND WILT,
JUNE 16, 1999
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 16, 1999
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for relief and for
3 arrest for violation of protective orders.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 6108(c) and (g) and 6113(a) of Title 23
7 of the Pennsylvania Consolidated Statutes are amended to read:
8 § 6108. Relief.
9 * * *
10 (c) Mutual orders of protection.--Mutual orders of
11 protection shall not be awarded unless both parties have filed
12 timely written petitions, complied with service requirements
13 under section 6106 (relating to commencement of proceedings) and
14 are eligible for protection under this chapter. The court shall
15 make separate findings and, where issuing orders on behalf of
16 both petitioners, enter separate orders[.], provided, however,
17 that whenever a court issues a protection from abuse order under
1 the terms of this section, excluding the defendant from the
2 residence, under subsection (a)(2) or (3), or prohibiting the
3 defendant from having contact with the plaintiff under
4 subsection (a)(6), the court shall also enter an order of
5 protection prohibiting the plaintiff from engaging in similar
6 conduct.
7 * * *
8 (g) Notice.--Notice shall be given to the plaintiff and
9 defendant, in orders issued under this section, stating that
10 violations of an order will subject the plaintiff or defendant
11 to arrest under section 6113 (relating to arrest for violation
12 of order) or contempt of court under section 6114 (relating to
13 contempt for violation of order or agreement). Resumption of
14 coresidency on the part of the plaintiff and defendant shall
15 [not] nullify the applicable provisions of the court order.
16 * * *
17 § 6113. Arrest for violation of order.
18 (a) General rule.--An arrest for violation of an order
19 issued pursuant to this chapter of either the plaintiff or the
20 defendant may be without warrant upon probable cause whether or
21 not the violation is committed in the presence of the police
22 officer in circumstances where the plaintiff or defendant has
23 violated a provision of an order consistent with section
24 6108(a)(1), (2), (3), (4), (6) or (7) (relating to relief). The
25 police officer may verify, if necessary, the existence of a
26 protection order by telephone or radio communication with the
27 appropriate police department, county registry or issuing
28 authority. A police officer shall arrest a plaintiff or
29 defendant for violating an order issued under this chapter by a
30 court within the judicial district, issued by a court in another
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1 judicial district within this Commonwealth or issued by another
2 state and registered pursuant to this chapter or verified
3 through the Pennsylvania State Police registry.
4 * * *
5 Section 2. This act shall take effect in 60 days.
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