6113 - Arrest for violation of order.

     § 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) or (9) (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)        2004 Amendment.  See sections 28 and 29 of Act 207 in the     appendix to this title for special provisions relating to     applicability and construction of law.        Cross References.  Section 6113 is referred to in sections     6105, 6108, 6121 of this title.