Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 6106 (2026)

Commencement of proceedings.

✓ current as of May 2026

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§ 6106. Commencement of proceedings.

(a) General rule.--An adult or an emancipated minor may seek relief under this chapter for that person or any parent, adult household member or guardian ad litem may seek relief under this chapter on behalf of minor children, or a guardian of the person of an adult who has been declared incompetent under 20 Pa.C.S. Ch. 51 Subch. B (relating to appointment of guardian) may seek relief on behalf of the incompetent adult, by filing a petition with the court alleging abuse by the defendant.

(a.1) False reports.--A person who knowingly gives false information to any law enforcement officer with the intent to implicate another under this chapter commits an offense under 18 Pa.C.S. § 4906 (relating to false reports to law enforcement authorities).

(a.2) Notification of defendant's occupation.--The plaintiff shall notify the court if the plaintiff has reason to believe that the defendant is a licensed firearms dealer, is employed by a licensed firearms dealer or manufacturer, is employed as a writer, researcher or technician in the firearms or hunting industry or is required to carry a firearm as a condition of employment.

(a.3) Notification of need to protect plaintiff.--The plaintiff shall notify the court anytime during the period commencing upon filing the petition and granting of an order or approving a consent agreement at a hearing held under section 6107(a) (relating to hearings) if the plaintiff has reason to believe the plaintiff's safety is at risk. In such a case, the court shall direct the Pennsylvania State Police, the municipal police or the sheriff to accompany the plaintiff to the plaintiff's residence to retrieve personal belongings or to accompany the plaintiff while the petition or order is served upon the defendant by the sheriff or competent adult, as set forth in the Pennsylvania Rules of Civil Procedure.

(a.4) Notification regarding child abuse investigation.--

(1) If the plaintiff has knowledge of a founded or indicated report of child abuse under Chapter 63 (relating to child protective services) involving the defendant, the petition shall include that information together with the name of the investigative agency.

(2) The notice of hearing and order shall include notice to the defendant that an order issued under this chapter may have an impact on the defendant under Chapter 63. The court shall develop procedures to implement the provisions of this paragraph.

(b) Plaintiff fees not permitted.--No plaintiff seeking relief under this chapter shall be charged any fees or costs associated with the filing, issuance, registration or service of a petition, motion, complaint, order or any other filing. Prohibited fees or costs shall include, but are not limited to, those associated with modifying, withdrawing, dismissing or certifying copies of a petition, motion, complaint, order or any other filing, as well as any judicial surcharge or computer system fee. No plaintiff seeking relief under this chapter shall be charged any fees or costs associated with filing a motion for reconsideration or an appeal from any order or action taken pursuant to this chapter. 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) Assessment of fees and costs against the defendant.--When an order is granted pursuant to this chapter, fees and costs shall be assessed against the defendant. The court shall waive fees and costs upon a showing of good cause or when the court makes a finding that the defendant is not able to pay the costs. 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.

(d) Surcharge on order.--When a protection order is granted under section 6107(a), other than pursuant to an agreement of the parties, a surcharge of $100 shall be assessed against the defendant. All moneys received from surcharges shall be distributed in the following order of priority:

(1) $25 shall be forwarded to the Commonwealth and shall be appropriated to the Pennsylvania State Police to establish and maintain the Statewide registry of protection orders provided for in section 6105 (relating to responsibilities of law enforcement agencies).

(1.1) $25 shall be distributed to the sheriff, who shall:

(i) forward the amount to the entity that performed service of the petition and order under subsection (f); or

(ii) retain the amount if the sheriff performed service of the petition and order under subsection (f).

(2) $25 shall be retained by the county and shall be used by the court to carry out the provisions of this chapter.

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(3) $25 shall be forwarded to the Department of Human Services for use for victims of domestic violence in accordance with the provisions of section 2333 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(d.1) Limitation.--The surcharge allocated under subsection (d)(1) and (3) shall be used to supplement and not to supplant any other source of funds received for the purpose of carrying out the provisions of this chapter.

(e) Court to adopt means of service.--(Deleted by amendment).

(f) Service.--The court shall adopt a means of prompt and effective service and order that the sheriff or appropriate law enforcement agency serve the petition and order.

(g) Service of petition and orders.--The petition and orders shall be served upon the defendant, and orders shall be served upon the police departments and sheriff with appropriate jurisdiction to enforce the orders. Orders shall be promptly served on the police and sheriff. Failure to serve shall not stay the effect of a valid order.

(g.1) Service of original process of a foreign protection order.--No plaintiff or petitioner shall be charged any costs or fees associated with the service of original process of a foreign protection order. Costs or fees associated with the service of original process of a foreign protection order may be assessed against the defendant.

(h) Assistance and advice to plaintiff.--The courts and hearing officers shall:

(1) Provide simplified forms and clerical assistance in English and Spanish to help with the writing and filing of the petition for a protection order for an individual not represented by counsel.

(2) Provide the plaintiff with written and oral referrals, in English and Spanish, to the local domestic violence program, to the local legal services office and to the county bar association's lawyer referral service.

(Oct. 6, 1994, P.L.574, No.85, eff. 60 days; June 22, 2001, P.L.576, No.39, eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days; Oct. 12, 2018, P.L.519, No.79, eff. 180 days; Oct. 24, 2018, P.L.649, No.92, eff. 180 days; June 30, 2025, P.L.76, No.23, eff. 60 days)

2025 Amendment. Act 23 amended subsecs. (d) and (f) and deleted subsec. (e).

2018 Amendments. Act 79 amended subsec. (d) and added subsec. (a.3) and Act 92 added subsec. (a.4). Section 11 of Act 79 provided that Act 79 shall apply to orders issued pursuant to section 6108 on or after the effective date of section 11. See section 2 of Act 92 in the appendix to this title for special provisions relating to applicability.

2005 Amendment. Act 66 amended subsecs. (b), (c), (d), (g) and (g.1) and added subsecs. (a.2) and (d.1).

Cross References. Section 6106 is referred to in sections 6107, 6108, 6110 of this title.

Notes of Decisions

Cited in 29 cases (10 in the last 5 years), 1992–2026 · leading case: Ferko-Fox v. Fox, 68 A.3d 917 (Pa. Super. Ct. 2013).

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Ferko-Fox v. Fox, 68 A.3d 917 (Pa. Super. Ct. 2013). · cites it 2× “Additionally the Legislature imposes, in 23 Pa.C.S. § 6106(a.l), specific penalties for a PFA petitioner “who knowingly gives false information to any law enforcement officer with the intent to implicate another under this chapter commits an offense under 18 Pa.”

Snyder v. Snyder, 629 A.2d 977 (Pa. Super. Ct. 1993). · cites it 2× “23 Pa.C.S. § 6106(a). See also: Heard v. Heard, supra at 257 , 614 A.”

Carlacci v. Mazaleski, 798 A.2d 186 (Pa. 2002). · cites it 2× “23 Pa.C.S. § 6106. If a plaintiff petitions for a temporary order for protection from abuse and alleges immediate and present danger of abuse to the plaintiff or minor children, the court is authorized to conduct an ex parte proceeding and enter such temporary order as it deems…”

Raker v. Raker, 847 A.2d 720 (Pa. Super. Ct. 2004). “Despite concluding that Appellant has waived this issue, we note that 23 Pa.C.S. § 6106 provides for the assessment of fees and costs if the petitioner prevails in the action.”

Mikhail v. Kahn, 991 F. Supp. 2d 596 (E.D. Pa. 2014). “” 23 Pa. Cons.Stat. Ann. § 6106; see id. § 6122 (“Nothing in this chapter shall be construed to preclude an action for wrongful use of civil process pursuant to 42 Pa.”

Patterson v. Armstrong Cnty. Child. & Youth Servs., 141 F. Supp. 2d 512 (W.D. Pa. 2001). · cites it 2× “All parties agree that a non-emancipated minor, such as Abby Ferguson, is not authorized by the PFA Act to initiate a petition, 23 Pa.C.S. § 6106(a), and this petition and procedure were therefore flawed.”

Evans v. Braun, 12 A.3d 395 (Pa. Super. Ct. 2010). · cites it 2× “" 23 Pa.C.S. § 6106(a). "Abuse," as defined in the Act, includes, inter alia: The occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood: (1) Attempting to cause or…”

Telepo v. Palmer Twp., 40 F. Supp. 2d 596 (E.D. Pa. 1999). “23 Pa.Cons.Stat.Ann. § 6106(g). 10 . In her deposition, plaintiff defines reflexology as “an integrative biological health service,” where pressure is applied to the reflex areas of the body, which consist of 7,200 nerve endings in each hand and foot.”

Washington Couny CYF v. Gallagher, J., 2025 Pa. Super. 51 (Pa. Super. Ct. 2025). · cites it 6× “We hold that CYS is not a “parent, adult household member or guardian ad litem” who can commence a PFA proceeding under 23 Pa.C.S. § 6106(a). Accordingly, we reverse.”

Commonwealth v. Stevenson, V., Aplt. (Pa. 2022). · cites it 4× “23 Pa.C.S. § 6106(a). If, as occurred here, a plaintiff seeks a temporary PFA order, then the court conducts ex parte proceedings and may enter an order protecting the plaintiff from immediate and present danger of abuse.”

In Re: Order Amending Rules 1201, 1205, 1206, 1208 & the Off. Note to Rule 206 of the Pennsylvania Rules of Civil Procedure Before Magisterial Dist. Judges (Pa. 2016). · cites it 3× “Official Note: This rule is derived from Section 6106 of the Protection From Abuse Act, 23 Pa.C.S. § 6106, as well as 42 Pa.C.S. § 62A05.”

Slusser v. DeBOER, 985 A.2d 974 (Pa. Super. Ct. 2009). “] ” *975 23 Pa.C.S. §§ 6106(a), 6108(a) (emphasis supplied).”

Show all 29 citing cases →

— 23 Pa. Cons. Stat. § 6106(a) — 13 cases

Snyder v. Snyder, 629 A.2d 977 (Pa. Super. Ct. 1993). “23 Pa.C.S. § 6106(a). See also: Heard v. Heard, supra at 257 , 614 A.”

Ferko-Fox v. Fox, 68 A.3d 917 (Pa. Super. Ct. 2013). “Additionally the Legislature imposes, in 23 Pa.C.S. § 6106(a.l), specific penalties for a PFA petitioner “who knowingly gives false information to any law enforcement officer with the intent to implicate another under this chapter commits an offense under 18 Pa.”

Patterson v. Armstrong Cnty. Child. & Youth Servs., 141 F. Supp. 2d 512 (W.D. Pa. 2001). “All parties agree that a non-emancipated minor, such as Abby Ferguson, is not authorized by the PFA Act to initiate a petition, 23 Pa.C.S. § 6106(a), and this petition and procedure were therefore flawed.”

Evans v. Braun, 12 A.3d 395 (Pa. Super. Ct. 2010). “" 23 Pa.C.S. § 6106(a). "Abuse," as defined in the Act, includes, inter alia: The occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood: (1) Attempting to cause or…”

Washington Couny CYF v. Gallagher, J., 2025 Pa. Super. 51 (Pa. Super. Ct. 2025). “We hold that CYS is not a “parent, adult household member or guardian ad litem” who can commence a PFA proceeding under 23 Pa.C.S. § 6106(a). Accordingly, we reverse.”

— 23 Pa. Cons. Stat. § 6106(b) — 3 cases

In Re: Order Amending Rules 1201, 1205, 1206, 1208 & the Off. Note to Rule 206 of the Pennsylvania Rules of Civil Procedure Before Magisterial Dist. Judges (Pa. 2016). “Official Note: This rule is derived from Section 6106 of the Protection From Abuse Act, 23 Pa.C.S. § 6106, as well as 42 Pa.C.S. § 62A05.”

In Re: Order Amending Rules 206 & 1201-1209, & the Off. Notes to Rules 112, 215 & 1210-1211 of the Pennsylvania Rules of Civil Procedure Before Magisterial Dist. Judges (Pa. 2015).

In Re: Order Adopting New Rule 217 & Amending Rule 803 & Off. Notes to Rules 304, 503, 1205 & 1206 of PA Rules of Civil Procedure Before MDJs (Pa. 2018).

— 23 Pa. Cons. Stat. § 6106(d) — 1 case

Commonwealth v. Stiver, 13 Pa. D. & C.4th 216 (1992).

— 23 Pa. Cons. Stat. § 6106(e) — 2 cases

Commonwealth v. Stevenson, V., Aplt. (Pa. 2022).

Commonwealth v. Stiver, 13 Pa. D. & C.4th 216 (1992).

— 23 Pa. Cons. Stat. § 6106(f) — 1 case

Daniel Miller v. York Cnty. Reg'l Police Dep't, Chief Timothy Damon, The York Cnty. Reg'l Police Bd. of Commissioners (M.D. Penn. 2026).

— 23 Pa. Cons. Stat. § 6106(g) — 4 cases

Commonwealth v. Stevenson, V., Aplt. (Pa. 2022). “23 Pa.C.S. § 6106(a). If, as occurred here, a plaintiff seeks a temporary PFA order, then the court conducts ex parte proceedings and may enter an order protecting the plaintiff from immediate and present danger of abuse.”

Commonwealth v. Stevenson, V., Aplt. (Pa. 2022).

Com. v. Verga, A. (Pa. Super. Ct. 2021).

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