23 Pa. Cons. Stat. § 6113

Arrest for violation of order.

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§ 6113. Arrest for violation of order.

(a) General rule.--An arrest for violation of an order issued pursuant to this chapter or a foreign protection order may be without warrant upon probable cause whether or not the violation is committed in the presence of the police officer or sheriff in circumstances where the defendant has violated a provision of an order consistent with section 6108(a)(1), (2), (3), (4), (6), (7), (9) or (9.1) (relating to relief). The police officer or sheriff may verify the existence of a protection order by telephone, radio or other electronic communication with the appropriate police department, Pennsylvania State Police registry, protection order file or issuing authority. A police officer or sheriff shall arrest a defendant for violating an order issued under this chapter by a court within the judicial district, issued by a court in another judicial district within this Commonwealth or a foreign protection order issued by a comparable court.

(b) Seizure of firearms, other weapons and ammunition.--Subsequent to an arrest, the police officer or sheriff shall seize all firearms, other weapons and ammunition used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in the defendant's possession. As soon as it is reasonably possible, the arresting officer shall deliver the confiscated firearms, other weapons and ammunition to the office of the sheriff. The sheriff shall maintain possession of the firearms, other weapons and ammunition until the court issues an order specifying the firearms, other weapons and ammunition to be relinquished and the persons to whom the firearms, other weapons and ammunition shall be relinquished.

(c) Procedure following arrest.--Subsequent to an arrest, the defendant shall be taken by the police officer or sheriff without unnecessary delay before the court in the judicial district where the contempt is alleged to have occurred. When that court is unavailable, the police officer or sheriff shall convey the defendant to a magisterial district judge designated as appropriate by local rules of court or, in the city of Pittsburgh, to a magistrate of the Pittsburgh Magistrates Court or, in counties of the first class, to the appropriate hearing officer. For purposes of procedure relating to arraignments for arrest for violation of an order issued under this chapter, the judges of Pittsburgh Magistrates Court shall be deemed to be magisterial district judges.

(d) Preliminary arraignment.--The defendant shall be afforded a preliminary arraignment without unnecessary delay.

(e) Other emergency powers unaffected.--This section shall not be construed to in any way limit any of the other powers for emergency relief provided in this chapter.

(f) Hearing.--A hearing shall be scheduled within ten days of the filing of the charge or complaint of indirect criminal contempt. The hearing and any adjudication shall not preclude a hearing on other criminal charges underlying the contempt, nor shall a hearing or adjudication on other criminal charges preclude a hearing on a charge of indirect criminal contempt.

(Oct. 6, 1994, P.L.574, No.85, eff. 60 days; June 22, 2001, P.L.576, No.39, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days; Nov. 18, 2024, P.L.1184, No.146, eff. 60 days)

2024 Amendment. Act 146 amended subsec. (a).

2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

Cross References. Section 6113 is referred to in sections 6105, 6108, 6121 of this title.

Notes of Decisions

Cited in 14 cases (5 in the last 5 years), 1992–2025 · leading case: Pitchford v. Borough of Munhall

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Pitchford v. Borough of Munhall (2007) pawd · cites it 6× “23 Pa.C.S. §§ 6113, 6113.1. It is clear from the record that the warrant for Pitch-ford’s arrest was based on her alleged violation of a PFA order.”

Kelly v. Mueller (2004) pasuperct · cites it 4× “” See 23 Pa.C.S. § 6113. The Act does not acknowledge search and seizure as an available remedy under § 6108(a)(7).”

Sara Coon v. County of Lebanon (2024) ca3 “2007) (holding that “shall arrest” language in the Pennsylvania Protec- tion from Abuse Act, 23 Pa. Cons. Stat. § 6113 (a), was not enough).”

Order Amending Rule 1905 of the PA Rules of Civil Procedure (2019) pa · cites it 4× “Order Effective Date Order Expiration Date NOTICE TO [THE] DEFENDANT Defendant is hereby notified that [violation of]failure to obey this order may result in arrest as set forth in 23 Pa.C.S. § 6113 and that violation of the order may result in a charge of [for] indirect…”

Jose Barrios Leon v. Attorney General United States (2019) ca3 · cites it 3× “, Petitioner was arrested outside Garcia Lopez’ apartment pursuant to 23 Pa. Cons. Stat. § 6113 (a), and charged with violating the protective order.”

Com. v. Khare, N. (2024) pasuperct · cites it 3× “Criminal Complaint, 3/22/23, at 3; 23 Pa.C.S. §§ 6113, 6114(a). Appellant contends that the complaint identified his only potential violation of the PFA order as being based upon his engaging in communication with Pento, and therefore he went to trial only prepared to defend as…”

A.J.I. v. L.P. (2021) pasuperct · cites it 2× “4 See 23 Pa.C.S. § 6113(a) (providing police with the authority to make an arrest for violation of a PFA order “without warrant upon probable cause”).”

Com. v. Anthony, B. (2021) pasuperct · cites it 2× “The trial court erred in ruling that the [Appellant’s] case should not have been dismissed when the hearing was not scheduled within ten days of the filing of the charge or complaint of indirect criminal contempt, according to 23 Pa.C.S. § 6113(f). 2. The trial court erred in…”

Burella v. Philadelphia (2007) ca3 · cites it 3× “Where previously the Act stated that “[a]n arrest for violation of an order issued pursuant to this chapter may be without warrant upon probable cause whether or not the violation is committed in the presence of the police officer,” 23 Pa. Cons. Stat. Ann. § 6113 (1990), in…”

Com. v. Jones, R. (2017) pasuperct “Moreover, this claim fails because Jones’ hearing was timely scheduled pursuant to 23 Pa.C.S. § 6113(f). The record reveals that Jones requested and received two continuances regarding the PFA contempt hearing; nevertheless, the hearing was initially scheduled within 10 days as…”

Commonwealth v. Copenhaver v. Aplt. (2020) pa “23 Pa.C.S. § 6113(a). A sheriff can apprehend an individual who has been charged with an offense under the Uniform Code of Military Justice, pursuant to a court- martial’s warrant.”

YOHANANOV v. DEVINE (2025) njd “2007) (quoting 23 Pa. Cons. Stat. § 6113 (a)). But Castle Rock, as discussed above, held that “shall arrest” was not enough.”

Show all 14 citing cases →

— 23 Pa. Cons. Stat. § 6113(a) — 5 cases

Pitchford v. Borough of Munhall (2007) pawd “23 Pa.C.S. §§ 6113, 6113.1. It is clear from the record that the warrant for Pitch-ford’s arrest was based on her alleged violation of a PFA order.”

Kelly v. Mueller (2004) pasuperct “” See 23 Pa.C.S. § 6113. The Act does not acknowledge search and seizure as an available remedy under § 6108(a)(7).”

Burella v. Philadelphia (2007) ca3 “Where previously the Act stated that “[a]n arrest for violation of an order issued pursuant to this chapter may be without warrant upon probable cause whether or not the violation is committed in the presence of the police officer,” 23 Pa. Cons. Stat. Ann. § 6113 (1990), in…”

A.J.I. v. L.P. (2021) pasuperct “4 See 23 Pa.C.S. § 6113(a) (providing police with the authority to make an arrest for violation of a PFA order “without warrant upon probable cause”).”

— 23 Pa. Cons. Stat. § 6113(b) — 1 case

Kelly v. Mueller (2004) pasuperct “” See 23 Pa.C.S. § 6113. The Act does not acknowledge search and seizure as an available remedy under § 6108(a)(7).”

— 23 Pa. Cons. Stat. § 6113(d) — 1 case

— 23 Pa. Cons. Stat. § 6113(f) — 4 cases

Com. v. Anthony, B. (2021) pasuperct “The trial court erred in ruling that the [Appellant’s] case should not have been dismissed when the hearing was not scheduled within ten days of the filing of the charge or complaint of indirect criminal contempt, according to 23 Pa.C.S. § 6113(f). 2. The trial court erred in…”

A.J.I. v. L.P. (2021) pasuperct “4 See 23 Pa.C.S. § 6113(a) (providing police with the authority to make an arrest for violation of a PFA order “without warrant upon probable cause”).”

Commonwealth v. Burke (1992) pactcomplberks

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