News

Supreme Court of Pennsylvania Adopts New Procedural Rules to Address Changes to PFA Law

May 02, 2006

HARRISBURG, May 2, 2006 — The Supreme Court of Pennsylvania today issued new rules to guide implementation of the new Protection From Abuse Act, Chief Justice Ralph J. Cappy has announced. Changes to the Act that take effect May 9 include those that authorize county judges to order defendants with Protection From Abuse orders against them to surrender all firearms and other weapons within 24 hours — when the court determines such action is necessary to protect a victim. Defendants who do not surrender a firearm when ordered would face a misdemeanor charge. The Act also provides for alternative methods of relinquishment, such as transferring firearms to a licensed dealer. “These changes in the Rules of Civil Procedure will set needed new standards in implementing the expansion of the Protection From Abuse Act in providing for the safety of victims of domestic violence — in an expedient manner — while at the same time ensuring all constitutional protections are afforded defendants,” Chief Justice Cappy said. The new Act also allows the president judge of a Court of Common Pleas to appoint a part-time or full-time master for emergency relief who may hear PFA petitions when a judge is not available. Other changes include an increase in the minimum fine for violation of a PFA order from $100 to $300. The changes to the law that were overwhelmingly adopted by the General Assembly and signed into law last November by Gov. Ed Rendell prompted a need to amend court procedures that address the commencement and effectuation of PFA orders. A complete copy of the new rules, along with an explanatory report on the changes, is available on the Pennsylvania Judiciary Web site at: www.courts.state.pa.us