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Legal Statutes: Pennsylvania

UPDATED October 12, 2012

Pennsylvania Statutes


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Chapter 61. Protection from Abuse

back to top6117. Procedure and other remedies

(a) General rule.--Unless otherwise indicated in this chapter, a proceeding under this chapter shall be in accordance with applicable general rules and shall be in addition to any other available civil or criminal remedies. The plaintiff and the defendant may seek modification of an order issued under section 6108 (relating to relief) at any time during the pendency of an order. Except as otherwise indicated in this chapter, modification may be ordered after the filing of a petition for modification, service of the petition and a hearing on the petition.

(b) Remedies for bad faith.--Notwithstanding any other provision of law, upon finding that an individual commenced a proceeding under this chapter in bad faith, a court shall direct the individual to pay to the defendant actual damages and reasonable attorney fees. Failure to prove an allegation of abuse by a preponderance of the evidence shall not, by itself, result in a finding of bad faith.


History

1990, Dec. 19, P.L. 1240, No. 206, § 2, effective in 90 days. Amended 1994, Oct. 6, P.L. 574, No. 85, § 5, effective in 60 days; 2005, Nov. 10, P.L. 335, No. 66, § 12, effective in 180 days [May 9, 2006].