Rule 1210 Duration of Emergency Protection Orders

This rule is derived from 23 Pa.C.S. § 6110(b) and 42 Pa.C.S. § 62A09(b). Practice varies among the judicial districts as to what procedures the plaintiff must follow to maintain a protection order in the court of common pleas upon the certification of an emergency protection order to the court of common pleas. The hearing officer should instruct the plaintiff what must be done to maintain the protection order in the court of common pleas. See Pa.R.Civ.P.M.D.J. 1208(a)(3)(i), cmt. and Pa.R.Civ.P.M.D.J. 1211, cmt.

Historical Commentary

The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

EXPLANATORY COMMENT—1992

Initially, the Protection from Abuse Act provided that emergency orders issued by Hearing Officers were to expire at the resumption of business of the court at the beginning of the week or within 72 hours, whichever occurs sooner. This language has been simplified under 23 Pa.C.S.A., Section 6110(b) to provide that said orders expire as of the resumption of business of the court at the beginning of the next business day. Rule 1210 incorporates this simplification.