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Violation of orders - 18 Pa. Cons. Stat. § 4955

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     § 4955.  Violation of orders.
        (a)  Punishment.--Any person violating any order made
     pursuant to section 4954 (relating to protective orders) may be
     punished in any of the following ways:
            (1)  For any substantive offense described in this
        subchapter, where such violation of an order is a violation
        of any provision of this subchapter.
            (2)  As a contempt of the court making such order. No
        finding of contempt shall be a bar to prosecution for a
        substantive offense under section 2709 (relating to
        harassment), 2709.1 (relating to stalking), 4952 (relating to
        intimidation of witnesses or victims) or 4953 (relating to
        retaliation against witness or victim), but:
                (i)  any person so held in contempt shall be entitled
            to credit for any punishment imposed therein against any
            sentence imposed on conviction of said substantive
            offense; and
                (ii)  any conviction or acquittal for any substantive
            offense under this title shall be a bar to subsequent
            punishment for contempt arising out of the same act.
            (3)  By revocation of any form of pretrial release, or
        the forfeiture of bail and the issuance of a bench warrant
        for the defendant's arrest or remanding him to custody.
        Revocation may, after hearing and on substantial evidence, in
        the sound discretion of the court, be made whether the
        violation of order complained of has been committed by the
        defendant personally or was caused or encouraged to have been
        committed by the defendant.
        (b)  Arrest.--An arrest for a violation of an order issued
     under section 4954 may be without warrant upon probable cause
     whether or not the violation is committed in the presence of a
     law enforcement officer. The law enforcement officer may verify,
     if necessary, the existence of a protective order by telephone
     or radio communication with the appropriate police department.
        (c)  Arraignment.--Subsequent to an arrest, the defendant
     shall be taken without unnecessary delay before the court that
     issued the order. When that court is unavailable, the defendant
     shall be arraigned before a magisterial district judge or, in
     cities of the first class, a Philadelphia Municipal Court Judge,
     in accordance with the Pennsylvania Rules of Criminal Procedure.
     (June 23, 1993, P.L.124, No.28, eff. imd.; Dec. 9, 2002,
     P.L.1759, No.218, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207,
     eff. 60 days)

        2004 Amendment.  Act 207 amended subsec. (c). See sections 28
     and 29 of Act 207 in the appendix to this title for special
     provisions relating to applicability and construction of law.
        2002 Amendment.  Act 218 amended subsec. (a)(2).
        Cross References.  Section 4955 is referred to in section
     4956 of this title.

Last modified: November 27, 2007