ICC Arraignments/Bond/Hearing Dates
When a Defendant is arrested, s/he will be arraigned on the charge of Indirect Criminal Contempt by the Magisterial District Judge who has jurisdiction, or at Arraignment Court. The Defendant will be arraigned on the charge(s), and bond and/or conditions will be set. A hearing will be scheduled for the next available Wednesday at 9:00 a.m. in Family Division.
Notice of Hearing Date
The Plaintiff should receive notice of the ICC hearing date by mail, or the police officer may notify the Plaintiff of the hearing date and time. If the Plaintiff has not received notice soon after the Defendant’s arrest, the Plaintiff should call the PFA Department at 412.350.4441 to confirm the hearing date. If the Plaintiff does not appear for the hearing and notice cannot be verified, the Court will reschedule the hearing and mail notice of the new hearing date to the Plaintiff.
ICC hearings are scheduled on Wednesdays at 9:00 a.m. in Family Division. An Assistant District Attorney (“ADA”) is present to review the ICC complaint and determine whether the District Attorney’s office will prosecute the case. Plaintiffs may choose to be represented by private counsel. For cases not prosecuted by the District Attorney’s office, Plaintiffs may request a continuance to apply for free representation through Neighborhood Legal Services or they may proceed pro se (without an attorney). Cases prosecuted by the District Attorney’s office will be scheduled for a hearing before a judge in the Criminal Division. Cases not prosecuted by the District Attorney’s office will be scheduled for a hearing before a judge in Family Division. Indigent Defendants may apply to the Public Defender’s Office to request free legal representation.
It is advisable for Plaintiffs to bring any relevant evidence or witnesses with them. The arresting officer is not required to appear at the hearing unless subpoenaed to do so.
The burden of proof required in an ICC hearing is “proof beyond a reasonable doubt.” Punishment for violation of the PFA Order is a maximum of six months in jail or a $1,000 fine. PFA Orders may also be extended and/or modified through an ICC hearing.