Rule 1901. Definitions.

 As used in this chapter:

   Act—The Protection from Abuse Act No. 206 approved December 19, 1990, 23 Pa.C.S.A. §  6101 et seq.

   Action—A proceeding for protection from abuses defined in §  6102 of the Act.

   Court—The court of common pleas.

   Emergency Order—An order entered by a hearing officer, who is a person meeting the definition set forth at 23 Pa.C.S.A. §  6102.

   Fees—means any costs associated with the filing, issuance, registration, service or appeal of a Protection From Abuse matter, including any foreign protection order.

   Master for Emergency Relief—means an attorney, admitted to the practice of law by the Supreme Court of Pennsylvania and appointed pursuant to 23 Pa.C.S.A. §  6110(e), to hear petitions for emergency protection from abuse.

   Temporary Order—An ex parte order entered by the court pursuant to 23 Pa.C.S.A. §  6107.

Explanatory Comment—2006

   The 2005 amendments to the Protection From Abuse Act, Act 66 of 2005, authorize two methods to secure emergency protection from abuse orders. The first is through a magisterial district judge and the other is through a master for emergency relief. In order for a county to exercise the master for emergency relief option, the county must assume the costs of the master and the Administrative Office of Pennsylvania Courts must approve the master’s selection and appointment. 23 Pa.C.S.A. §  6110 (e).

   The 2005 amendments to the Protection From Abuse Act also prohibit the assessment of fees or costs against the plaintiff or petitioner. This prohibition includes fees related to filing, serving, registering or appealing a protection from abuse petition or order. 23 Pa.C.S.A. § §  6104 (d)(1), 6106(b) and (g.1) and 6113.1(b).


   The provisions of this Rule 1901 adopted March 9, 1977, effective April 10, 1977, 7 Pa.B. 839; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended May 2, 2006, effective May 9, 2006, 36 Pa.B. 2369. Immediately preceding text appears at serial page (242777).

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