Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 6117. Procedure and other remedies.
(a) General rule.--Unless otherwise indicated in this chapter, a proceeding under this chapter shall
be in accordance with applicable general rules and shall be in addition to any other
available civil or criminal remedies. The plaintiff and the defendant may seek modification
of an order issued under section 6108 (relating to relief) at any time during the
pendency of an order. Except as otherwise indicated in this chapter, modification
may be ordered after the filing of a petition for modification, service of the petition
and a hearing on the petition.
(b) Remedies for bad faith.--Notwithstanding any other provision of law, upon finding that an individual commenced
a proceeding under this chapter in bad faith, a court shall direct the individual
to pay to the defendant actual damages and reasonable attorney fees. Failure to prove
an allegation of abuse by a preponderance of the evidence shall not, by itself, result
in a finding of bad faith.
(Oct. 6, 1994, P.L.574, No.85, eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff.
180 days)
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 1995–2024 · leading case:
Mikhail v. Kahn, 991 F. Supp. 2d 596 (E.D. Pa. 2014).
Mikhail v. Kahn, 991 F. Supp. 2d 596 (E.D. Pa. 2014).
“See 23 Pa. Cons.Stat. Ann. § 6117 (“The *615 plaintiff and the defendant may seek modification of an order issued under section 6108 (relating to relief) at any time during the pendency of an order.”
Courtney, S. v. Courtney, J., 205 A.3d 318 (Pa. Super. Ct. 2019).
· cites it 3× “] Did the trial court commit an abuse of discretion and/or error of law in awarding counsel fees to [Appellee] pursuant to 23 Pa.C.S. § 6117(b) when there was no evidence that [Appellant] had acted in bad faith in commencing the PFA action? [2.”
A.J.I. v. L.P. (Pa. Super. Ct. 2021).
“Notably, Section 6117(a) clarifies that modification of a PFA order under Section 6108 may only be entered after the filing of a petition for modification, service of the petition, and a hearing on the petition.”
Miller v. Walker, 24 Pa. D. & C.4th 259 (1995).
“” 23 Pa.C.S. §6117. Instantly appellant has not filed a petition for modification of our protection from abuse order.”
— 23 Pa. Cons. Stat. § 6117(a) — 1 case
A.J.I. v. L.P. (Pa. Super. Ct. 2021).
“Notably, Section 6117(a) clarifies that modification of a PFA order under Section 6108 may only be entered after the filing of a petition for modification, service of the petition, and a hearing on the petition.”
— 23 Pa. Cons. Stat. § 6117(b) — 2 cases
Courtney, S. v. Courtney, J., 205 A.3d 318 (Pa. Super. Ct. 2019).
“] Did the trial court commit an abuse of discretion and/or error of law in awarding counsel fees to [Appellee] pursuant to 23 Pa.C.S. § 6117(b) when there was no evidence that [Appellant] had acted in bad faith in commencing the PFA action? [2.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.