Rule 1209. Service and Execution of Emergency Protection Orders

(a) Emergency Protection from Abuse.

(1) Plaintiff. If the hearing officer grants the petition in whole or in part, then the hearing officer shall give the plaintiff a copy of the protection order issued pursuant to Pa.R.Civ.P.M.D.J. 1208(a)(1)(i).

(2) Defendant.

(i) The hearing officer or, when necessary, the plaintiff shall immediately deliver a service copy of the protection order issued pursuant to Pa.R.Civ.P.M.D.J. 1208(a)(1)(i) to a police officer, police department, sheriff, or certified constable for service upon the defendant and execution.

(ii) After making reasonable effort, if the executing officer is unable to serve the protection order upon the defendant in a timely fashion, the executing officer shall leave a service copy of the petition containing the order with the police department with jurisdiction over the area in which the plaintiff resides for service upon the defendant, and shall advise such police department that the order could not be served.

(b) Emergency Protection in Connection with Claims of Sexual Violence or Intimidation.

(1) Plaintiff. If the hearing officer grants the petition in whole or in part, then the hearing officer shall give the plaintiff the protection order issued pursuant to Pa.R.Civ.P.M.D.J. 1208(a)(1)(ii).

(2) Defendant.

(i) The hearing officer or, when necessary, the plaintiff shall immediately deliver a service copy of the protection order issued pursuant to Pa.R.Civ.P.M.D.J. 1208(a)(1)(ii) to a police officer, police department, sheriff, or certified constable for service upon the defendant and execution.

(ii) After making reasonable effort, if the executing officer is unable to serve the protection order upon the defendant in a timely fashion, the executing officer shall leave a service copy of the petition containing the order with the police department with jurisdiction over the area in which the plaintiff resides for service upon the defendant, and shall advise such police department that the order could not be served.

(3) Law Enforcement. Within two business days after the protection order is issued, the hearing officer shall serve the order upon the police department, sheriff, and district attorney in the jurisdiction where the order was entered.

(4) Minor Victims. In the case of a minor victim of sexual violence, the hearing officer shall serve a copy of the petition and order upon the county agency, as defined by 23 Pa.C.S. § 6303, and the Department of Human Services.

Comment. The hearing officer shall provide the plaintiff with at least one copy of the protection order, but more than one copy may be needed. For example, the plaintiff may wish to serve the order upon multiple police departments if the plaintiff lives and works in different police jurisdictions. If it is necessary for the plaintiff to deliver the protection order to the executing officer, the hearing officer should make sure that the plaintiff fully understands the process and what must be done to have the order served upon the defendant. Service of protection orders upon the defendant at the time of execution may not be possible under some circumstances. The intention of subdivisions (a)(2)(ii) and (b)(2)(ii) is for the local police to have a service copy if they are called to the plaintiff’s residence should the defendant return there. The hearing officer should make every effort to have the protection order served by a law enforcement officer in a timely fashion. For emergency protection orders to be meaningful, they must be served and executed at night or on a weekend. Therefore, the hearing officer should have the authority to use police officers, sheriffs, and certified constables to serve and execute protection orders. Protection orders issued pursuant to Pa.R.Civ.P.M.D.J. 1208(a)(1)(ii) in accordance with 42 Pa.C.S. § 62A09, providing for protection of victims of sexual violence or intimidation, are subject to additional service requirements. Compare 23 Pa.C.S. § 6109(a) with 42 Pa.C.S. § 62A05(d). Service shall be made without prepayment of costs. See Pa.R.Civ.P.M.D.J. 1206(c).