Dauphin Cnty. C.P. Rule 1905A - Violation of a Temporary or Final Order

RULE 1905A. VIOLATION OF TEMPORARY OR FINAL ORDER

If a temporary order of a Magisterial District Judge is violated, or if a temporary order or

final order of a Judge is violated, it shall be presumed that the Court of Common Pleas

is unavailable and the arresting police office shall take the defendant before an

available Magisterial District Judge. The Magisterial District Judge shall advise the

defendant:

(1) That he or she is being charged with violating a temporary order of a

Magisterial District Judge or Judge, as appropriate, or of a final

order of a Judge; and

(2) (a) That, if a violation of a temporary order of a Magisterial District

Judge, the matter will be referred to the Court after which a hearing will be

set within ten (10) days; or

(b) That, if a violation of a temporary order of a Judge, that a hearing

has already been set and the defendant shall be told of the time

and the place of that hearing; or

(c) That, if the violation is of a final order of the Court, a hearing will be

set by the Court within ten (10) days of the Court’s receipt of the

notice of the alleged violation; and

(3) Of the defendant’s right to counsel, and the address and telephone

number of both the Dauphin County Lawyer Referral Service and the

Dauphin County Public Defender’s Office.

The Magisterial District Judge shall then consider bail for the defendant in accordance

with Pa.R.C.P. 4001, 4002, 4003, 4004 and 4006. The Magisterial District Judge shall

consider, particularly, Rule 4003(a)(3) and the Court’s concern for the safety of the

person or persons the defendant has threatened as well as the likelihood of the

defendant’s appearance, as required, for court.

*Effective 5/29/95