§ 7382 — Protection of party or child

(a) (Reserved).

(b) Stay.--

(1) This subsection applies if all of the following subparagraphs apply:

(i) (Reserved).

(ii) Any of the following clauses apply:

(A) A party is subject to a protection order.

(B) The arbitrator determines there is a reasonable basis to believe a party is the victim of domestic violence or a party's safety or ability to participate effectively in arbitration is otherwise at risk.

(2) If paragraph (1) applies, the arbitrator shall stay the arbitration and refer the parties to court. The arbitration may not proceed unless the party at risk affirms the arbitration agreement in a record and the court determines:

(i) the affirmation is informed and voluntary;

(ii) arbitration is not inconsistent with the protection order; and

(iii) reasonable procedures are in place to protect the party from risk of harm, harassment or intimidation.

(c) Termination.--If the arbitrator determines that there is a reasonable basis to believe a child who is the subject of a child custody dispute is abused or neglected, the arbitrator shall terminate the arbitration of the child custody dispute and report the abuse or neglect to the court, the Statewide toll-free telephone number established under 23 Pa.C.S. § 6332 (relating to establishment of Statewide toll-free telephone number) or to another appropriate authority.

(d) Temporary protection.--An arbitrator may make a temporary award to protect a party or child from harm, harassment or intimidation.

(e) Judicial review.--On motion of a party, the court may stay arbitration and review a determination or temporary award under this section.

(f) Other law applicable.--This section supplements remedies available under the laws of this Commonwealth other than this subchapter for the protection of victims of domestic violence, family violence, stalking, harassment and similar abuse.

Legislative History

Cross References.Section 7382 is referred to in section 7377 of this title.