231 pa code rule 1959 forms for use in protection of
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NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following papers, you must appear at the hearing scheduled herein. If
you fail to do so, the case may proceed against you and a FINAL order may be entered
against you granting the relief requested in the petition. In particular, you may be
evicted from your residence, prohibited from possessing any firearm, other weapon,
ammunition ,
or any firearm license, and lose other important rights, including custody
of
your children. A protection order granted by a court may be considered in subsequent
proceedings under Title 23 (Domestic Relations) of the
Pennsylvania Consolidated
Statutes, including child custody proceedings under Chapter 53 (relating to custody)
and Child Protective Services Law proceedings under Chapter 63 (related to juvenile
matters)
. A hearing on the matter is scheduled for the day of , 20 , at _ .m.
in Courtroom at Courthouse , Pennsylvania .
If
an orde r
of protection has been entered, you MU ST obey the order until it is
modified or terminated by the court after notice and hearing . If you disobey this order,
the police or sheriff may arrest you. Violation of this order may subject you to a charge
of indirect criminal contempt under 23 Pa C.S. § 6114. Violation may also subject you
to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under
federal law, 18. U.S.C. § 2265, this order is enforceable anywhere in the United States,
tribal lands, U.S. Territories
, and the Commonwealth of Puerto Rico. If you travel
outside of the state and intentionally violate this order, you may be subject to federal
criminal proceedings under the Violence Against Women Act. 18 U.S.C. §§
2261-2262.
If this order directs you to relinquish any firearm, other weapon, ammunition
,
or any firearm license
to the sheriff or the appropriate law enforcement agency, you may
do so upon service of this order. As an alternative, you may relinquish any firearm,
other weapon, or ammunition listed herein to
a third party provided you and the third
party first comply with all requirements to obtain a safekeeping permit. 23
Pa.C.S. § 6108.3. You must relinquish any firearm, other weapon, ammunition , or
2 an
y firear m licen se list ed in th e orde r no la ter t ha n 24 h ours after servi ce of the o rder.
If , du e to
the ir curren t location , firearm s, other weapons , or ammunition cannot
reasonably be retrieved within the time for relinquishment, you must provide an
affidavit to the sheriff
or the appropriate law enforcement agency listing the firearms,
other weapons , or ammunition and their current location no later than 24 hours after
service of the order. Failure to timely relinquish any firearm, other weapon,
ammunition , or any firearm license shall result in a
violation of this order and may
result in criminal conviction under the Uniform Firearms Act, 18 Pa.C.S. § 6105.
NOTICE : Even if this order does no t direct you to re linquish firearms , you
may be subject to federal firearms prohibitions and federal criminal penalties
under 18 U.S.C. §
922(g)(8) or state firearms prohibitions and state criminal penalties
under 18 Pa.C.S. § 6105 .
YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE
HEARING, HOWEVER, THE COURT WILL NOT APPOINT A LAWYER FOR YOU.
YOU HAVE THE RIGHT TO PRESENT EVIDENCE AT THE HEARING, INCLUDING
SUBPOENAING WITNESSES TO TESTIFY ON YOUR BEHAL F.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT
ONE.
County Lawyer Referral Service [Insert Street Address]
[Insert City, State, Zip
Code]
[Insert Phone]
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