(a) General rule.--An arrest for violation of an order issued pursuant to this chapter or a foreign protection order may be without warrant upon probable cause whether or not the violation is committed in the presence of the police officer or sheriff in circumstances where the defendant has violated a provision of an order consistent with section 6108(a)(1), (2), (3), (4), (6), (7) or (9) (relating to relief). The police officer or sheriff may verify the existence of a protection order by telephone, radio or other electronic communication with the appropriate police department, Pennsylvania State Police registry, protection order file or issuing authority. A police officer or sheriff shall arrest a defendant for violating an order issued under this chapter by a court within the judicial district, issued by a court in another judicial district within this Commonwealth or a foreign protection order issued by a comparable court.
(b) Seizure of firearms, other weapons and ammunition.--Subsequent to an arrest, the police officer or sheriff shall seize all firearms, other weapons and ammunition used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in the defendant's possession. As soon as it is reasonably possible, the arresting officer shall deliver the confiscated firearms, other weapons and ammunition to the office of the sheriff. The sheriff shall maintain possession of the firearms, other weapons and ammunition until the court issues an order specifying the firearms, other weapons and ammunition to be relinquished and the persons to whom the firearms, other weapons and ammunition shall be relinquished.
(c) Procedure following arrest.--Subsequent to an arrest, the defendant shall be taken by the police officer or sheriff without unnecessary delay before the court in the judicial district where the contempt is alleged to have occurred. When that court is unavailable, the police officer or sheriff shall convey the defendant to a magisterial district judge designated as appropriate by local rules of court or, in the city of Pittsburgh, to a magistrate of the Pittsburgh Magistrates Court or, in counties of the first class, to the appropriate hearing officer. For purposes of procedure relating to arraignments for arrest for violation of an order issued under this chapter, the judges of Pittsburgh Magistrates Court shall be deemed to be magisterial district judges.
(d) Preliminary arraignment.--The defendant shall be afforded a preliminary arraignment without unnecessary delay.
(e) Other emergency powers unaffected.--This section shall not be construed to in any way limit any of the other powers for emergency relief provided in this chapter.
(f) Hearing.--A hearing shall be scheduled within ten days of the filing of the charge or complaint of indirect criminal contempt. The hearing and any adjudication shall not preclude a hearing on other criminal charges underlying the contempt, nor shall a hearing or adjudication on other criminal charges preclude a hearing on a charge of indirect criminal contempt.
(Oct. 6, 1994, P.L.574, No.85, eff. 60 days; June 22, 2001, P.L.576, No.39, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)
2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
Cross References. Section 6113 is referred to in sections 6105, 6108, 6121 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 61 - Protection from Abuse
Section 6101 - Short title of chapter
Section 6104 - Full faith and credit and foreign protection orders
Section 6105 - Responsibilities of law enforcement agencies
Section 6106 - Commencement of proceedings
Section 6108.1 - Return of relinquished firearms, other weapons and ammunition and additional relief
Section 6108.2 - Relinquishment for consignment sale, lawful transfer or safekeeping
Section 6108.3 - Relinquishment to third party for safekeeping
Section 6108.4 - Registry or database of firearm ownership
Section 6108.5 - Penalties for release of information
Section 6108.6 - Penalty for failure to secure firearms
Section 6108.7 - Order to seal record from public view
Section 6109 - Service of orders
Section 6110 - Emergency relief by minor judiciary
Section 6111 - Domestic violence counselor/advocate
Section 6112 - Disclosure of addresses
Section 6113 - Arrest for violation of order
Section 6113.1 - Private criminal complaints for violation of order or agreement
Section 6114 - Contempt for violation of order or agreement
Section 6114.1 - Civil contempt or modification for violation of an order or agreement
Section 6115 - Reporting abuse and immunity
Section 6116 - Confidentiality
Section 6117 - Procedure and other remedies
Section 6118 - Full faith and credit (Repealed)
Section 6120 - Inability to pay