13. Private criminal complaints for violation of order or agreement. (a) General rule.-- A plaintiff may file a private criminal complaint against a defendant, alleging indirect
Pennsylvania Consolidated Statutes
Section: 62A13
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 62A13
§ 62A13. Private criminal complaints for violation of order or agreement. (a) General rule.-- A plaintiff may file a private criminal complaint against a defendant, alleging indirect
criminal contempt for a violation of any provision of an order or court-approved consent
agreement issued under this chapter, with the court, the office of the district attorney
or the magisterial district judge in the jurisdiction or county where the violation
occurred, except that in a county of the first class, a complaint may only be filed
with the family division of the court of common pleas or the office of district attorney. (b) Procedure service.-- (1) Procedure for filing and service of a private criminal complaint shall be provided
as set forth by local rule. (2) Nothing in this subsection is intended to expand or diminish the court's authority
to enter an order pursuant to Pa.R.C.P. No.1023.1 (relating to Scope. Signing of Documents.
Representations to the Court. Violation.). (c) Fees and costs.-- (1) No fees or costs associated with the prosecution of the private criminal complaint
shall be assigned to the plaintiff, including, but not limited to, filing, service,
failure to prosecute, withdrawal or dismissal. (2) (i) After a finding of indirect criminal contempt, fees and costs may be assigned against
the defendant. (ii) The court shall waive fees and costs imposed under this chapter upon a showing of
good cause or if the court makes a finding that the defendant is not able to pay the
costs associated with the indirect criminal contempt action. (3) Nothing in this subsection shall be construed to expand or diminish the court's authority
to enter an order under Pa.R.C.P. No.1023.1.
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