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.