Rule 1206. Commencement of Proceedings

(a) Petition.

(1) A proceeding for emergency relief from abuse or in connection with claims of sexual violence or intimidation shall be commenced by the filing of a petition by the plaintiff with the hearing officer on a form that shall be prescribed by the State Court Administrator.

(2) The petition shall be signed by the plaintiff and shall set forth the names and addresses of the plaintiff and the defendant and the names, addresses, and ages of any person on whose behalf the plaintiff is seeking relief.

(3) The plaintiff shall allege in the petition, in general terms, the cause for seeking emergency relief.

(b) {Rescinded}.

(c) Costs. The petition shall be filed and service shall be made without prepayment of costs.

Comment. Former subdivision (b), pertaining to instructions that the hearing officer must provide the plaintiff if a petition is granted, was rescinded and relocated to Pa.R.Civ.P.M.D.J. 1208(a)(3). Subdivision (c) is derived from 23 Pa.C.S. § 6106(b) and 42 Pa.C.S. § 62A05(b). Compare Pa.R.Civ.P. 1901.3(c) and 1953(c) (petitions for protective relief filed with the court of common pleas). The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. See Pa.R.Civ.P.M.D.J. 217.

Historical Commentary The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking: EXPLANATORY COMMENT—1992 The responsibilities of Hearing Officers to the plaintiff have been increased as a result of the amendments to the Protection from Abuse Act, 23 Pa.C.S.A., Section 6110(d). When issuing an emergency order, Hearing Officers must advise the plaintiff of the existence of programs for victims of domestic violence in the county or in nearby counties and they must inform the plaintiff of the availability of legal assistance without cost if the plaintiff is unable to pay for them. Rule 1206, through the inclusion of Subdivision B, conforms the Rule to this particular statutory provision; and the amendment to the Note simply provides the justification for Subdivision B, i.e. , to assure compliance with the Title 23 provisions of the Protection from Abuse Act.