(BPI #039)

Practice Areas:  

• Preparation of Petition and filing procedures

• Linkages with comprehensive victim advocacy and services

• Procedures for emergency hearings and orders

• Procedures for service of process for temporary orders

• Procedures for hearing on the final order

• Standardized civil protection order elements

• Mechanisms to monitor and enforce compliance with the order

• Enforcement of orders from other state and tribal jurisdictions  

Date of Implementation: 1989

Overview: A county wide program aimed at assisting petitioners in the process of filing Protection From Abuse orders.  In addition, the program provides for standardized protection orders and service of all orders for protection.

Key Elements:

• Effective communications.  Good communications and working relationships among judges, filing office, Sheriff’s Department, District Attorney’s Office, District Justice Offices, domestic violence legal advocates, and legal services and police departments are necessary to the implementation of the practices. 

• Preparation of the petition and filing procedures. Prior to preparation of the pro se order, the petitioner is asked to read instructions for filing a petition, which includes who may file and what constitutes abuse. In addition, the petitioner is asked to complete an incident information sheet which includes factual information to be included in the temporary order. Lancaster County uses the Protection From Abuse Database (PFAD) system to prepare orders. Two bail administration and pretrial services office employees alternate daily intake petition preparation. In addition, courthouse office space has been provided to the Domestic Violence Legal Clinic (DVLC) for use by an advocate from their staff. After a petition has been completed, it is taken by court staff to a Family Judge for review; copies are made and taken to the Prothonotary’s Office for filing. A service form and copy of the petition is then delivered to the Sheriff’s office. 

• Linkages with comprehensive victim advocacy and services. The Domestic Violence Legal Clinic assists with pro se litigants when an advocate is available. An information sheet given with the completed petition includes information on Mid Penn Legal Services. Mid Penn Legal Services represents approximately 90% of petitioners. 

• Procedures for emergency hearings and orders. The Bail Administration Office takes pro se petitions until 3:30 pm. After that time, a petitioner is given directions for an emergency order at their local District Justice Office. The District Justice Office receives a courtesy call from Bail Administration and Pretrial Services. 

• Procedures for service of process for temporary orders. A Sheriff’s service form is completed on all pro se temporary orders. The service form is hand delivered to the Sheriff’s Office. The Sheriff’s Office team serves orders daily. 

• Procedures for hearings on the final order. Two days a week one Family judge sits for Protection From Abuse court. Approximately fifteen hearings are scheduled for each of the two sessions. Cases are listed for each session as the petitions are prepared. Court Administration personnel are present in court. Prior to the start of the hearing, plaintiffs are seated in a separate area, which allows them to be away from the defendants. A DVLC advocate is available to sit with petitioners in the courtroom. When a case is called, a bailiff calls the defendant before the judge, before the plaintiff enters the courtroom. If a petitioner desires to withdraw the petition and does not have counsel, the Prothonatary’s Office prepares a standard order for judicial signature. 

• Standardized civil protection order elements. The PFAD system standardizes the format of orders. There are also hardcopy NCR continuances: Stated Desire of Petitioner to Withdraw and Failure of Petitioner to Appear. 

• Mechanisms to monitor and enforce compliance with the order.  Each day, the Sheriff’s Office picks up the day’s orders from the Prothonotary’s Office and delivers them to the local office of the Pennsylvania State Police. A copy of each order is sent to County Wide Communications (911-County Control) for all Police departments to have a 24-hour check for valid, enforceable orders. 

• Enforcement of orders from other state and tribal jurisdictions. The plaintiff takes the active order to the Prothonotary’s Office. The  Office files the order and sends a copy to County Wide Communications and the Pennsylvania State Police. The plaintiff is directed to provide their local police department with a copy.

Evaluation: Evaluation data not available at this time. The jurisdiction has a Protection From Abuse (PFA) Coordinating Group that meets bi-monthly to discuss problems and procedures and make changes as necessary. The group includes representatives from Court Administration, Bail Administration, Prothonotary’s Office, District Justice, Sheriff’s Department, District Attorney, Victim Witness, Domestic Violence Clinic, Mid Penn Legal Services and the Pennsylvania State Police.

Other Support:  The jurisdiction cites support from the PFA Coordinating Group, Protection From Abuse Database system, and the Pennsylvania Commission on Crime and Delinquency through the STOP Grant Coordinating Team.

Contact & Related Links: 

Mark M. Dalton
District Court Administrator

Patricia Aument
Assistant Court Administrator-Pretrial Services and Bail
aument@co.lancaster.pa.us

Fay Binzen
Assistant Court Administrator-Family
binzen@co.lancaster.pa.us

50 N. Duke Street
P.O. Box 83480
Lancaster, PA 17608
(717) 295-3584
(717) 299-8041

Fax
(717) 295-3625
(717) 295-3599

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