(a) General rule.--A plaintiff may file a private criminal complaint against a defendant, alleging indirect criminal contempt for a violation of any provision of an order or court-approved consent agreement issued under this chapter, with the court, the office of the district attorney or the magisterial district judge in the jurisdiction or county where the violation occurred, except that in a county of the first class, a complaint may only be filed with the family division of the court of common pleas or the office of district attorney.
(b) Procedure service.--
(1) Procedure for filing and service of a private criminal complaint shall be provided as set forth by local rule.
(2) Nothing in this subsection is intended to expand or diminish the court's authority to enter an order pursuant to Pa.R.C.P. No.1023.1 (relating to Scope. Signing of Documents. Representations to the Court. Violation.).
(c) Fees and costs.--
(1) No fees or costs associated with the prosecution of the private criminal complaint shall be assigned to the plaintiff, including, but not limited to, filing, service, failure to prosecute, withdrawal or dismissal.
(2) (i) After a finding of indirect criminal contempt, fees and costs may be assigned against the defendant.
(ii) The court shall waive fees and costs imposed under this chapter upon a showing of good cause or if the court makes a finding that the defendant is not able to pay the costs associated with the indirect criminal contempt action.
(3) Nothing in this subsection shall be construed to expand or diminish the court's authority to enter an order under Pa.R.C.P. No.1023.1.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 62A - Protection of Victims of Sexual Violence or Intimidation
Section 62A01 - Scope of chapter
Section 62A02 - Findings and purpose
Section 62A04 - Responsibilities of law enforcement agencies
Section 62A05 - Commencement of proceedings
Section 62A09 - Emergency relief by minor judiciary
Section 62A10 - Sexual assault counselor
Section 62A11 - Disclosure of addresses
Section 62A12 - Arrest for violation of order
Section 62A13 - Private criminal complaints for violation of order or agreement
Section 62A14 - Contempt for violation of order
Section 62A15 - Civil contempt or modification for violation of order or agreement
Section 62A16 - Confidentiality
Section 62A17 - Procedure and other remedies