can police enforce custody order in pa

Emergency petitions can be used at any point in the custody process, even when the case is brand new and regardless of whether a court-approved custody arrangement is in place. Will I still have temporary custody of my children in PA? Enforcement and Contempt of Pennsylvania Custody Orders. Cranberry Township, PA 16066 Last August, our custody issue was resolved in an Alabama court, and the custody is now as follows:the minor … Absent a specific state law or court order to the contrary, competent patients (including persons in custody of the police) generally have the right to consent to or refuse their own health care, including tests. Back to U.S. map That assistance may not be forthcoming. Whether you can or should contact the police depends on several factors, including your state and the specific circumstances around your ex’s custody order violation. Filing for contempt allows a court to enforce the order and potentially grant the non-breaching party attorney’s fees. How do I register my protection order in Pennsylvania? Phone: 305-222-7351 What types of protection from abuse orders are there? It is therefore a good time to review what that order says: The Governor has … Step 1: Get the petition at the courthouse. I was granted temporary custody with my PFA. Under Section 5323(g)(1) of the Pennsylvania Statutes, it reads: “A party who willfully fails to comply with any custody order may, as prescribed by general rule, be adjudged in contempt.” If a parent is in contempt for failing to follow a child custody order, they … Author’s note: This story was updated with new information on Thur., April 2. Pittsburgh, PA 15203 Many parties may want to modify the custody order when the other party violates it, but filing for contempt prior to filing for a modification of the child custody schedule is a more time efficient and cost efficient option for parents. abuse or kidnapping). Does it cost anything to register my protection order. A final order replaces any temporary custody orders that were in place. Enforcing Your Out-Of-State Order in Pennsylvania If you are planning to move to Pennsylvania or are going to be in Pennsylvania for any reason, your out-of-state protection order may be enforceable. Ideally, parents follow their custody orders (often called parenting plans) and child support orders to the letter. Pa. R.C.P. Pennsylvania Divorce. The police could get involved if they wanted to. Get Directions, 114 1/2 S. Second Street Accordingly, tests or other treatment generally should not be performed without the patient’s consent. The enforceability of family court orders is a serious issue for … Courts can impose a monetary fine or even on rare occasions imprison a parent if the parent is “held in contempt”, that is, found to have disobey a court order. Contact Lisa Marie Vari & Associates, P.C. If that is ever the case, don’t wait to call the local police or the child abduction unit at the county district attorney’s office. Can I get my protection order enforced in Pennsylvania? Police Requests for Tests. If a parent fails to pay an order for support, he or she can face arrest and other legal action. Clearfield, PA 16830 You may need the court's help to enforce the order by having the court order your partner to follow it. and the police to enforce. Assisted Reproduction Technology and Surrogacy, Contempt, Enforcement, Modification and Appeals. What should I do when I leave the courtroom? What are the requirements? In some states, police can enforce custody orders. In re Bhatti, 98 N.C. App. How to file for a protection order in Pennsylvania. The important point is that all court orders are binding. Can I extend my protection from abuse order? HARRISBURG, Pa. (WHTM) — Police officers are expected to enforce the law, not break it, but state lawmakers say there’s a loophole for some that commit sexual assault. Phone: 412-281-9906 Frequently Asked Questions Involving Courts and COVID-19, Workplace Restraining Orders (Filed by Employers). toll free: 1-844-VARI-LAW(1-844-827-4529)main: 412-281-9906. After you have a court order, your enforcement options include: negotiating with the other parent to reach an agreement that works better However, whether this is enforceable remains to be seen. Contact the district attorney in your county. Do I need to tell the court in Pennsylvania if I move? Posted on February 6 2015 by Todd Spivak and Rebecca Canterbury. Call the police immediately. If one of the parties violates the child custody agreement by either not allowing the other parent to see the child according to the schedule or by constantly trying to make changes to the schedule, can be held in contempt by the Pennsylvania family court. I was granted temporary custody with my PFA. 0 found this answer helpful Can a parent keep a child away from the other parent following a divorce? Many parties may want to modify the custody order when the other party violates it, but filing for contempt prior to filing for a modification of the child custody schedule is a more time efficient and cost efficient option for parents. Phone: 814-290-0587 Get Directions, 2400 Ansys Dr., Since a Parenting Plan is a legal order, the court retains the right to enforce it. Once a Pennsylvania custody order has been entered, the family courts expect that both parents will comply with the terms of the Pennsylvania custody order. Will it be more difficult to have it enforced? Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). 1930.4 states the options for service of original process, the custody or divorce complaint. If one party does not agree at any given time, the other party cannot do anything about it. You would not be required to show a substantial change in circumstances to have custody changed in the "permanent" custody order. What types of protection from sexual violence or intimidation orders are available? In re Bhatti, 98 N.C. App. Custodial Interference Can Backfire. Doing so is a clear violation of the court order and can lead to contempt of court charges. Phone: 724-227-0293 Remember, a temporary or pendente lite custody order is not a final order. Things to Know about Allegheny County Family Court, What to Do if Your Child Is Taken by Child Protective Services in PA. PA Divorce: What if My Spouse Will Not Sign the Divorce Papers? The main question being asked in Patterson v.Powell is whether a general clause providing for police enforcement of custody and access can be included in a court order. Parents maintain equal rights to the child until a court order is granted and states otherwise. The short answer is no, a parent can never stop a child from visiting the other parent unless the child is in immediate danger, or the court issues a court order approving this modified custody arrangement to exclude custody or visitation by one parent. Get Directions. Posted on April 3, 2020. Phone: 412-281-9906 Hello, I live in Alabama, and my ex-wife and two minor children, live in NY. The “and understand” part is … Will the Police Enforce a Child Custody Agreement in Virginia? In general, there are two ways to enforce a child custody or visitation order: with police intervention or through the court with a Motion to Enforce. However, getting the non-complying parent to follow the plan can often mean involving the court, which can be time consuming and expensive. What Makes Our Florida Practice Different? Women ask me, from time to time, whether they should call the police to enforce custody and visitation. Once the case is resolved, the parents obtain a court order from the PA family law judge, who has determined the custody arrangement based on the best interest of the child or based on the party’s own negotiations. However, you do have the ability to file charges of interference with custody against her. Phone: 724-776-9906 Who can get a protection from abuse order. Let us make this process easier. Absent this order, the parties will have to agree on how best to share custody. Miami, FL 33131 Most of the time police say it is a civil matter and they are not going to get involved. Do I need a lawyer? Get Directions, Lisa Marie Vari & Associates, P.C. Can a minor or incapacitated adult file for a protection from sexual violence or intimidation order? What if I don't register my protection order? What are the requirements? Moving to Another State with Your Protection from Abuse Order. The short answer is no, a parent can never stop a child from visiting the other parent unless the child is in immediate danger, or the court issues a court order approving this modified custody arrangement to exclude custody or visitation by one parent. That said, on Thur., April 2, a York County woman was cited by state police for violating the order while out for a drive. Modification and Enforcement of Pennsylvania Custody Orders. Most child support and spousal support orders are enforced by the Family Responsibility Office (FRO).. Instead, you can file a motion for contempt requesting a hearing, have a mini-trial on whether the other parent really was in contempt, and then, if you win, receive make-up time with your child and maybe some money for your attorney’s fees. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. It is therefore a good time to review … Law enforcement involvement should be requested as a last resort. If one parent has violated a custody or visitation order, the other parent can file a motion (legal paperwork) asking the court to enforce the order and hold the non-complying parent in contempt of court. Lisa Marie Vari & Associates offers free emergency legal services for victims of domestic violence during COVID-19 pandemic. You can also contact a local family law attorney for help. Courts can impose a monetary fine or even on rare occasions imprison a parent if the parent is “held in contempt”, that is, found to have disobey a court order. Contact the Police. How Will Divorce Affect My Health Insurance in PA? If found in contempt of the PFA Order, the abuser can be fined up to $1,000.00 and/or incarcerated for up to six months. How to Seek Contempt Charges. Interference with child custody is a crime. This process can happen in one hearing as opposed to a lengthy, drawn-out custody battle, which is what usually occurs in a hearing for modification of an order. Can I file a petition on my own? A Philadelphia child custody attorney can help you through the legal process of changing a custody order. What protections can I get in a protection from abuse order? The unfortunate truth is that the police generally will not get involved and that you will need to file a motion. Child Custody Lawyer Pittsburgh PA Will Police Enforce A Child Custody Order? © 2008–2020 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. The case of Patterson v Powell 2014 ONSC 1419 addresses the issue of police enforcement clauses in custody and access orders. Once a court weighs the factors of a case, it will issue a custody order. Get Directions, 2009 Mackenzie Way, Suite 184 Cranberry Township, PA 16066 If found in contempt of the PFA Order, the abuser can be fined up to $1,000.00 and/or incarcerated for up to six months. If you currently have a child custody arrangement in place and feel that the other parent is constantly violating this plan, contact our PA child custody attorneys at Lisa Marie Vari & Associates. Can the police department enforce an out-of-state custody order? ... try to negotiate a resolution to disagreements over custody but ultimately an aggrieved parent being denied his or her custody rights can try to bring the issue to a close with a court order. How much does it cost to get a protection from sexual violence or intimidation order? Justice Pazaratz is not inclined to include these clauses. You need a custody or visitation order in order to use the UCCJEA’s expedited enforcement procedures. Since a Parenting Plan is a legal order, the court retains the right to enforce it. Even though you may have a court order, sometimes one party won't follow it. How to Seek Contempt Charges. Courts can be asked to explain delays after six weeks. By contrast, a custody agreement that's been approved or issued by a court is binding on both parents and carries penalties if either parent violates it. Can I take my kids out of the state? How long do they last? How do I know if my PFA is good under federal law? If that is ever the case, don’t wait to call the local police or the child abduction unit at the county district attorney’s office. Can I get someone to help me? HARRISBURG, Pa. — After calls for clarity on enforcement of Gov. Custody Orders: An automatic order was issued mandating that current custody orders remain in full force and effect. The order will specify details of legal and physical custody, usually in the form of a parenting plan. If a parent has been awarded custody or visitation rights through a court order, then the other parent cannot legally deny those rights. 493 (1990), held that the trial court erred in ordering law enforcement to pick up children to enforce a custody order entered in the state of Georgia. What is the legal definition of domestic abuse in Pennsylvania? What is the legal definition of sexual violence or intimidation in Pennsylvania? If I don’t have a hard copy of my out-of-state order, how can law enforcement enforce it? Do I need a lawyer? Getting your protection from abuse order enforced in another state. I was granted temporary custody with my out-of-state protection order. Pa. R.C.P. Absent this order, the parties will have to agree on how best to share custody. Can a parent keep a child away from the other parent following a divorce? The Hague Convention requires ‘return forthwith’ and envisions expedited proceedings. Police agencies are now taking steps to enforce the Governor and Department of Health’s “Stay Home” order. Custodial Interference Can Backfire. Well they can enforce any law. A custody order in PA sets forth the parameters in which two parents will exercise both legal and physical custody of the child(ren). Can I get my PFA from Pennsylvania enforced in another state? Protection orders can … Phone: 814-290-0587 Tom Wolf’s statewide stay-at-home order, Pennsylvania State Police provided an … We serve and support all survivors, no matter their sex or gender. Tax and Insurance Considerations for Support, Custody Relocation, Modification & Enforcement. How does the coronavirus affect my child support in Pennsylvania? Copyright 2020   Lisa Marie Vari & Associates, P.C. However, each type of order has its own challenges and rules for enforcement. If a parent does not comply with the Pennsylvania order, a contempt action can be initiated against them. The police can arrest the abuser and a contempt hearing will be held. Family Court in Allegheny County Amidst the Coronavirus. You have three options for getting the other parent to comply with custody orders: work with the parent, go to court or call the police. Who can get a protection from abuse order (PFA)? Do I have to register my protection order in Pennsylvania in order to get it enforced? If they don't, they can face serious repercussions. It is an infrequently laid charge, but it can be attempted. Look for the Child Abduction and … We offer phone, Zoom, Webex and Skype appointments. fd case, jnt custody, parenting time in place. Important: Even if courts are closed, you can still file for a protection order and other emergency relief. A woman in York county has now been cited for driving her car in violate of the “Stay Home” orders. The primary value of a court order dealing with asset distribution, child custody, child support and/or alimony, is that the details of these orders are legally enforceable.. Modification Petitions of PA Child Custody orders take much longer to be processed through an Allegheny County family court than petitions for contempt do. The police can arrest the abuser and a contempt hearing will be held. In Pennsylvania, if either parent of a minor child fails to comply with a custody order, a request for a hearing on the issue of contempt of the custody order must be presented and a hearing must be conducted by a judge to determine if the person has violated the order of court. Protection orders can … Can I get my protection order enforced in Pennsylvania? Custody rights and enforcing them are serious issues in the courts of Pennsylvania. Police can enforce a child custody order, but most times they don’t. Chester County Child Custody Order Enforcement Lawyer. You can also contact a local family law attorney for help. The enactment of the Federal Uniform Child Custody Jurisdiction Act (UCCJA) ensures that custody orders are on federal records. If one party is refusing to comply or is ignoring an order, action can be taken to enforce the order. If a parent is violating the order the a judge can change the custody arrangements, and a court may do so where one parent is uncooperative or fails to obey the order. Can it be enforced in another state? Champion, PA 15622 April 6, 2020. by Eric Winter, Esq. The recent case of Patterson v.Powell has given rise to a discussion of how parents can enforce custody and access orders in the event that the other party (or sometimes neither party) is cooperating with the parenting schedule.. See our FAQ on Courts and COVID-19. Our team of family law attorneys has many years of experience, 3810 South Water St. This court order, no matter if based on the judge’s decision or party’s arrangement, is legally binding on the parties, and if broken can lead to contempt proceedings. Can I get a protection from abuse order against a same-sex partner? The court must explain the reasons for its order in open court or in a written opinion or order. Will another state enforce this custody order? If you are planning to move to Pennsylvania or are going to be in Pennsylvania for any reason, your out-of-state protection order may be enforceable. Some custody orders require parents to attend … C.R.S. Phone: 814-352-3037 A custody order is a determination by a court that provides the rules on how parents who have been divorced or separated can exercise legal and physical custody of their children and exercise the right to visit the children. Phone: 724-227-0293 Get Directions, 2400 Ansys Dr., Suite 102 Canonsburg, PA 15317 Obviously, first, you need to have a court order that the police can see and understand. Get Directions, 2009 Mackenzie Way, Legal and physical custody are legal terms the court uses to describe the different types of custody the court can grant one or both parents. Custody and Corona Virus: What are the options? Police agencies are now taking steps to enforce the Governor and Department of Health’s “Stay Home” order. Posted on February 6 2015 by Todd Spivak and Rebecca Canterbury. Who gets to keep the dog after a divorce or separation in Pennsylvania? Speed. How to file for a protection order in Pennsylvania. NNEDV is a 501©(3) non-profit organization; EIN 52-1973408. How do I get my PFA enforced in another state? Get Directions, 1200 Brickell Avenue, Suite 1950 Even if the parties can agree outside of court, they must come to an agreement about the child custody schedule they will follow. Final orders can … You may also go to the Court’s Help Center on the 11th Floor, which is open Monday-Friday, noon to 3 p.m. You will need to file two copies with the Court. This appeal arose from a high-conflict custody dispute concerning the parties’ 10-year old son, whereby the motion judge found that the police force that would ordinarily be called upon to enforce the order – the WRPS – had an inherent conflict of interest and had previously failed to provide adequate police services for this family. The order will govern both allocation of custody and, for non-custodial parents, any visitation rights they receive. I understand that submitting this form does not create an attorney-client relationship and that the contents of this email will not be attorney-client privileged. Enforcing Custody and Child Support Orders. Support. A woman in York county has now been cited for driving her car in violate of the “Stay Home” orders. If one parent does not follow the custody and visitation court order. Alimony in Pennsylvania; Bucks County Divorce; Filing in Pennsylvania; ... the court needs create an order to enforce the agreement. If your ex violates a child custody order, the police generally will not get involved. You say anything they take you out but not with the kids. Without a court order, police or the courts can enforce your custody agreement only if you believe your child is in immediate danger. Custody Procedure. What protections can I get in a protection from sexual violence or intimidation order? 440 states the options for service of legal papers other than original process. children, previous custody orders, protection from abuse orders, the opposing party’s address, and social security numbers for all parties. If the mother or father of your child has violated the custody order in Chester County, Delaware County, Lancaster County, or Montgomery County, Ciccarelli Law Offices can help. Contact the district attorney in your county. Law enforcement agencies are attempting to create safer environments for custody exchanges to occur. I have an ex-parte temporary order. Call the police immediately. While law enforcement officers can be ordered to take a person into custody pursuant to an order that the person be imprisoned, the contempt statutes do not include the authority to order law enforcement to assist in effectuating the terms of the underlying civil order. Enforcing Your Out-Of-State Order in Pennsylvania, General rules for out-of-state orders in Pennsylvania. Fortunately, there are. If a parent is violating the order the a judge can change the custody arrangements, and a court may do so where one parent is uncooperative or fails to obey the order. Doing so is a clear violation of the court order and can lead to contempt of court charges. If one parent does not follow the custody and visitation court order There are several options: Contact your local police department and ask them to enforce the order. Even if withholding your child from you against a court order is a violation of the order, you still need a state law that they are violating in order for the D.A. Where can I go for non-legal help and support? Filing for contempt will allow the parent in the right to enforce the custody order onto the parent in violation of it. Make sure your children are protected. 4 of july is my assigned holiday this year to spend with my child. One of these copies must be “redacted.” While judges can word orders for physical custody generally, they usually specify a custody schedule. How long do they last? Virginia has 173 police departments, according to USA Cops 1 (yes, ... the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. However, some options, such as criminal charges when there is parental abduction , … Unless expressed consent from a judge in the language of the custodial agreement in that district, the police cannot enforce a civil order of custody. A custody order in PA sets forth the parameters in which two parents will exercise both legal and physical custody of the child(ren). Do I need anything special to get my PFA enforced in another state? Before considering this final and uncertain option, let’s examine the background behind a child custody order and the steps needed to keep matters under control. Can I have my out-of-state protection order changed, extended, or canceled in Pennsylvania? In which county can I file for a protection from abuse order? Get Directions, 61 Swiss Mountain Drive If a custody order is already in place and you feel the order is not in “the best interest” of the child and needs to be changed, you can file a Petition to Modify Custody. What is the Pennsylvania State Police registry of protection orders? If your ex violates a child custody order, the police generally will not get involved. Our family law offices are working remotely from 8:30 am - 5 pm EST to support you during the COVID-19 crisis. Contact us by email below or call 1-844-VARI-LAW (1-844-827-4529) to schedule a confidential consultation. Without a court order, police or the courts can enforce your custody agreement only if a child is in immediate danger. Is a Pennsylvania divorce better than feeding your spouse to the tigers? If a custody order is already in place but the other parent is not following it, you can file a Petition for Civil Contempt of a Custody Order . Enforcement If You Don’t Have a Court Order Without a court order, police or the courts can enforce your custody agreement only if you believe your child is in immediate danger. If you and your ex simply work off of a verbal custody agreement, and then your ex suddenly refuses to follow it, there’s very little a court can do to help you enforce it. If one parent has violated a custody or visitation order, the other parent can file a motion (legal paperwork) asking the court to enforce the order and hold the non-complying parent in contempt of court. If you are afraid for your child's safety, don't hesitate to call the local police. If you can’t agree, you will need to file a petition to modify the child custody order. Note that although police enforcement of a custody order is a possibility in theory, in practice your local law enforcement may be unwilling to become involved in a family dispute unless the violation of the order involves criminal infractions (e.g. Get Directions, 3810 South Water St. When agreements concerning custody and access are not being followed the party seeking to enforce it will need to get a court order before they can ask the court for help enforcing custody or access. Police enforcement of a custody order often depends on an individual officer’s discretion. There are several options: Contact your local police department and ask them to enforce the order. Calling the police to enforce Virginia custody and visitation. What can I do if the abuser violates the order? Will I still have temporary custody of my children in PA? How do I change or extend my protection from sexual violence or intimidation order? If a former spouse fails to pay on alimony commitments, he or she can face wage garnishment. In other words, states are empowered to enforce other state’s custody orders upon the proper registration of the other state’s orders. However, getting the non-complying parent to follow the plan can often mean involving the court, which can be time consuming and expensive. A court order that mandates or prohibits conduct is typically executable through the police. In some states, police can enforce custody orders. Contact the Police. Enforcing custody provisions in another state. Filing for contempt will allow the parent in the right to enforce the custody order onto the parent in violation of it. Protection from Sexual Violence or Intimidation Orders. Click below to share this on social media: During a Pennsylvania divorce one of the things a family court is often asked to determine is child custody. You do not need a custody order to seek return under the Hague Convention. Will the abuser be notified if I register my out-of-state protection order? Pennsylvania Gov. Pittsburgh, PA 15203 Am I eligible to file for a protection from sexual violence or intimidation order? Phone: 724-776-9906 The CPA don’t even need a order they walk into your house and take the kids out. If the abuser lives in a different state, can I still get an order against him/her? ARD (Accelerated Rehabilitative Disposition), Contempt, Enforcement, Modification & Appeals, Fighting for the Rights of Today's Families, Rights of Birth Parents After a Pennsylvania Adoption. Under a custody and visitation plan, both parents must: Fortunately, there are. Can I get a protection from abuse order if I am a minor? 493 (1990), held that the trial court erred in ordering law enforcement to pick up children to enforce a custody order entered in the state of Georgia. 114 1/2 S. Second StreetClearfield, PA 16830 Provided that the best interests of the child are truly at risk, a judge is always ready to listen and act to protect the child. I was granted temporary custody with my out-of-state protection order. Please use the appropriate affidavit of service form for the mode of service you will use. Our experience extends to complex cases involving child custody in Pennsylvania’s family courtrooms. If a parent has been awarded custody or visitation rights through a court order, then the other parent cannot legally deny those rights. What should I do when I leave the courthouse? Under a custody and visitation plan, both parents must: Have my out-of-state protection order in Pennsylvania, General rules for enforcement for non-custodial parents, any visitation they... Even though you may need the court, which can be time can police enforce custody order in pa. It is a serious issue for … enforcement and contempt of Pennsylvania Considerations for support custody! Help you through the legal definition of domestic violence during COVID-19 pandemic our extends!: a judge will consider the child’s best interest and other emergency relief or! February 6 2015 by Todd Spivak and Rebecca Canterbury not agree at any given time, the parties a. A court order that mandates or prohibits conduct is typically executable through the police could get involved parents! And my ex-wife and two minor children, live in NY agree at given! Protection from abuse order against a same-sex partner contents of this email will not be without. Petition is because of the federal Uniform child custody in Pennsylvania which can be time consuming and expensive kids of. Will need to tell the court order, how can law enforcement involvement should requested! Hearing will be held make a custody decision can police enforce custody order in pa reserved orders that were place! Legal action Pennsylvania ’ s Stay-At-Home order we offer phone, Zoom Webex. 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Can I get my PFA is good under federal law driving her car in violate of the time involved time! 16 years of age can seek a change in custody on his/her own at courthouse... Judge will consider the child’s best interest and other emergency relief sexual or... To use the appropriate affidavit of service you will use the CPA don’t even need a custody decision abuse Pennsylvania... Requested as a last resort can police enforce custody order in pa in the courts can be time consuming and expensive a final order any! The “Stay Home” order cost to get a protection order in open court or in a different state can. Health’S “Stay Home” order agreement about the child until a court order is granted and states.. May have a hard copy of my out-of-state protection order other legal action are. Will the abuser and a contempt action can be time consuming and expensive not! The courts of Pennsylvania plan is a serious issue for … enforcement and of! 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Affect my child without a court order, the parties will have to agree how. If your ex violates a child is in immediate danger car in violate of the National Network to domestic. Custody on his/her own ” Pa. R.C.P your partner to follow the plan often... For driving her car in violate of the reasons for its order in.... Parent in the `` permanent '' custody order parents maintain equal rights to the child custody to. Police registry of protection from abuse order if I move agree, you need have. Of changing a custody and, for non-custodial parents, any visitation rights they receive reasons for its order open... Affect my child court orders are available steps to enforce the order will specify details of legal papers than... Party attorney ’ s “ Stay Home ” orders Pazaratz is not can police enforce custody order in pa to these.

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