Rule 1208 Protection Orders; Findings; Instructions to Plaintiff; Denial of Petition
Chapter 1200: Actions for Emergency Protective Relief
Rule Text
(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.
Amendment history: The provisions of this Rule 1208 amended March 27, 1992, effective immediately, 22 Pa.B. 1900; amended November 2, 2001, effective February 1, 2002, 31 Pa.B. 6385; amended June 29, 2015, effective July 1, 2015, 45 Pa.B. 3811; amended October 28, 2016, effective December 31, 2016, 46 Pa.B. 7165; amended January 8, 2025, effective July 1, 2025, 55 Pa.B. 708; amended February 19, 2025, effective July 1, 2025, 55 Pa.B. 1791. Immediately preceding text appears at serial pages (422212) to (422213).