Administrative Order: Temporary Protection from Abuse Interviews; Final Protection from Abuse Hearings
Overview
This Administrative Order, issued by the Court of Common Pleas in Blair County (24th Judicial District) on April 3, 2020, outlines emergency procedures for Protection from Abuse (PFA) cases. The order is a response to the judicial emergency declared by President Judge Elizabeth A. Doyle and aligns with orders from the Pennsylvania Supreme Court regarding social distancing.
Key Directives
The court mandates that PFA proceedings be conducted remotely to limit in-person contact, with specific rules for interviews and hearings.
Temporary PFA Interviews
- Method: Interviews regarding Emergency or Temporary PFA orders must be conducted telephonically or via other advanced communication technology (e. g. , email) whenever possible.
- No In-Person Requirement: Petitioners cannot be forced to appear in person.
- Scheduling: Interviews must happen as soon as a judicial officer is available and cannot be delayed to find a specific type of technology.
- Exceptions: If a petitioner cannot use advanced communication, they may be interviewed in person. In this case, social distancing must be practiced in the largest available space with no non-essential personnel present.
Final PFA Hearings
- Method: Hearings for Final PFA orders must be conducted telephonically or via advanced communication technology.
- Exhibits and Witnesses: Electronic images of exhibits may be admitted into evidence. Witnesses must testify via advanced communication technology whenever possible.
- Continuances: A hearing may be continued to a later date if the parties need time to secure better communication technology.
- In-Person Attendance: If a petitioner, respondent, or their counsel must attend in person, social distancing rules apply (largest space, no non-essential personnel).
Legal Basis
The court cites the Second Supplemental Order entered by the Pennsylvania Supreme Court on April 1, 2020, as support for these procedures. The order defines "Advanced Communication Technology" to include two-way simultaneous communication of image and sound, closed-circuit television, telephone, facsimile equipment, and electronic mail.