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Rule L1903.4. Preliminary Arraignment.

A. When a defendant is arrested by a police officer upon probable cause or pursuant to a private criminal complaint for violation of a protection from abuse order issued by a Judge or an emergency order issued by a District Justice, the defendant shall be preliminarily arraigned forthwith before a District Justice.

B. If the arraignment occurs during the Court's business hours the District Justice shall contact the Court Administrator to obtain a time and date for the hearing. The District Justice shall then inform the plaintiff and defendant of the date and time for the hearing in writing in the form of Exhibit L1903.2-B.

If the District Justice is unable to contact the Court Administrator at the preliminary arraignment he shall contact the Court Administrator as soon thereafter as possible. The District Justice shall advise the defendant, and if present the plaintiff, in the form of Exhibit L1903.2-B, that each will be receiving a notice from the Court Administrator setting forth the date, time and place of the hearing on contempt. The Court Administrator shall then schedule a hearing and notify the plaintiff and defendant of the date and time for the hearing in writing sent to their last known addresses shown on the documents filed before the District Justice in this action.

C. The Court of the District Justice shall set bail to insure the defendant's presence at the contempt hearing in accordance with Pennsylvania Rule of Criminal Procedure 4004 with conditions including, without limitation, a condition that the defendant not contact the plaintiff or members of the plaintiff's household, directly or indirectly, until further order of Court.

D. At the preliminary arraignment, the defendant shall be notified:

1. That he/she is charged with criminal contempt for violation of the Protection From Abuse Order.

2. That a hearing will be held in the Court of Common Pleas of Forest/Warren County when scheduled by the Court Administrator; and

3. That the defendant is entitled to be represented by counsel, and if unable to afford counsel, free counsel may be appointed if the Defendant cannot afford counsel. The defendant should immediately contact the office of the Public Defender of Forest/Warren County.

E. Defendants who fail to post bail shall be committed to the Warren County Jail pending the hearing.

F. The hearing shall be scheduled within ten (10) days.