Rule 1208. Protection Orders; Findings; Instructions to Plaintiff; Denial of Petition

(a) Petition Granted.

(1) Order Issued.

(i) Emergency Protection from Abuse. If the hearing officer, upon good cause shown, finds it necessary to protect the plaintiff or minor children from abuse , the hearing officer may grant relief in accordance with 23 Pa.C.S. § 6110(a). The hearing officer shall issue any protection orders necessary to effectuate that relief. Immediate and present danger of abuse to the plaintiff or minor children shall constitute good cause.

(ii) Emergency Protection from Sexual Violence or Intimidation. If the hearing officer, upon good cause shown, finds it necessary to protect the plaintiff or another individual in connection with claims of sexual violence or intimidation, the hearing officer may grant relief in accordance with 42 Pa.C.S. § 62A09(a). The hearing officer shall issue any protection orders necessary to effectuate that relief. Immediate and present danger posed by the defendant to the plaintiff or another individual shall constitute good cause.

(2) Findings. The hearing officer shall enter on the petition form the findings and any protection order issued or other action taken.

(3) Instructions. The hearing officer shall instruct the plaintiff regarding:

(i) commencing proceedings in the court of common pleas;

(ii) initiating a contempt charge if the defendant violates the emergency order;

(iii) programs for victims of domestic or sexual violence in the county or in nearby counties, as well as the existence of rape crisis centers in the county or nearby counties in the case of sexual violence; and

(iv) the availability of legal assistance without cost if the plaintiff is without resources to pay.

(b) Petition Denied.

(1) If the hearing officer does not find good cause pursuant to subdivision (a)(1)(i) or (a)(1)(ii), the hearing officer shall deny the petition.

(2) A denied petition shall not be available to the public.

(3) The hearing officer shall:

(i) not issue a written denial order;

(ii) orally inform the plaintiff that the petition is denied;

(iii) confirm that no identifying information relating to the denied petition, such as the name of the plaintiff or defendant, is made public or retained in court files;

(iv) enter on the docket non-identifying information relating to the petition, including the date of filing, the municipality and zip code of the plaintiff’s residence, and the relief sought by the plaintiff; and

(v) destroy the denied petition.

Comment. Subdivision (a)(1)(i) permits the hearing officer to grant limited relief pursuant to 23 Pa.C.S. § 6108(a)(1), (a)(2), and (a)(6), or (a)(1) and (a)(6), or (a)(1) and (a)(9.1), which includes directing the defendant to refrain from abusing the plaintiff or minor children, possession of the residence, prohibiting contact by the defendant, and certain relief pertaining to companion animals. Subdivision (a)(1)(ii) permits the hearing officer to grant limited relief pursuant to 42 Pa.C.S. § 62A07(b), which includes prohibiting contact by the defendant and any other appropriate relief. Subdivision (a)(3) is derived from former Pa.R.Civ.P.M.D.J. 1206(b). Practice varies among the judicial districts regarding procedures to maintain a protection order in the court of common pleas upon the certification of an emergency protection order to that court. See Pa.R.Civ.P. 1210, cmt. and Pa.R.Civ.P. 1211, cmt. Subdivision (b) provides for denial of a petition for emergency relief. Subdivision (b)(3) is intended to protect the plaintiff’s personal safety and the defendant’s reputational interest following the denial of a petition for emergency relief.

Historical Commentary The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking: EXPLANATORY COMMENT—1992 Hearing Officers’ authority to grant relief under the Act has been enlarged under 23 Pa.C.S.A., Section 6108. In accordance with the provisions of the Act, the court may grant any protection order or approve any consent agreement to bring about a cessation of abuse of the plaintiff or minor children. The order or agreement may include the following:

(a) (1) Directing the defendant to refrain from abusing the plaintiff or minor children.

(a) (2) Granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff when the residence or household is jointly owned or leased by the parties, is owned or leased by the entireties or is owned or leased solely by the plaintiff.

(a) (3) When the defendant has a duty to support the plaintiff or minor children living in the residence or household and the defendant is the sole owner or lessee, granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff or, by consent agreement, allowing the defendant to provide suitable alternate housing. Therefore, Rule 1208 incorporates the additional relief remedies available to the Hearing Officer.