(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.
Comment:
The hearing officer shall provide the plaintiff with at least
one copy of the protection order, but more than one copy may be needed. For
example, the plaintiff may wish to serve the order upon multiple police
departments if the plaintiff lives and works in different police jurisdictions.
If it is necessary for the plaintiff to deliver the protection order to the
executing officer, the hearing officer should make sure that the plaintiff
fully understands the process and what must be done to have the order served
upon the defendant.
Service of protection orders upon the defendant at the time
of execution may not be possible under some circumstances. The intention of
subdivisions (a)(2)(ii) and (b)(2)(ii) is for the local police to have a
service copy if they are called to the plaintiff's residence should the
defendant return there.
The hearing officer should make every effort to have the
protection order served by a law enforcement officer in a timely fashion. For
emergency protection orders to be meaningful, they must be served and executed
at night or on a weekend. Therefore, the hearing officer should have the
authority to use police officers, sheriffs, and certified constables to serve
and execute protection orders.
Protection orders issued pursuant to Pa.R.Civ.P.M.D.J.
1208(a)(1)(ii) in accordance with
42 Pa.C.S. §
62A09,
providing for protection of victims of sexual violence or intimidation, are
subject to additional service requirements. Compare
23 Pa.C.S. §
6109(a)with
42 Pa.C.S. §
62A05(d).
Service shall be made without prepayment of costs.
See Pa.R.Civ.P.M.D.J. 1206(c).
