264 Pa. Super. 53 - Cipolla v. Cipolla’s Empirical Analysis

Citation profile

71 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Protection From Abuse Act is a vanguard measure dealing with the problems of wife and child abuse. It is designed to protect against abuse not only between family or household members who reside together, but also between unmarried persons living together. To institute an action, the plaintiff must file a petition with the court alleging abuse by the defendant. If emergency relief is needed, the court may enter a temporary, ex parte order to protect the plaintiff or minor children from abuse. In any event, a hearing must be held within ten days at which time plaintiff must prove the charges. The court is empowered to grant broad relief to bring about a cessation of abuse: an order directing defendant to refrain from abusing plaintiff or the children; evicting defendant from the residence and granting possession to plaintiff; awarding temporary custody of and/or establishing temporary visitation lights with regard to children; and directing defendant to pay support. Any such order entered shall have no effect beyond one year. District Justices are authorized to grant relief during weekend hours. Defendant may be held in indirect criminal contempt for violating the order and may be imprisoned up to six months or be fined $ 1,000.00 or both. An arrest for violation of the order may be made without a warrant even if the violation is not committed in the presence of the officer.”

   5 later decisions quote this exact passage · from the majority
   e.g. 353 Pa. Super. 70 - In Re Penny R. · P.E.S. v. K.L.

2. “Criminal contempt is a crime in every fundamental respect. Codispotti v. Pennsylvania, 418 U.S. 506 , 94 S.Ct. 2687 , 41 L.Ed.2d 912 (1974); Bloom v. Illinois, 391 U.S. 194, 88 S.Ct. 1477 , 20 L.Ed.2d 522 (1968). In re Johnson, 467 Pa. 552 , 359 A.2d 739 (1976). Criminal contempt is a crime in the ordinary sense; it is a violation of the law, a public wrong which is punishable by fine or imprisonment or both. In the words of Mr. Justice Holmes: “These contempts are infractions of the law, visited with punishment as such. If such acts are not criminal, we are in error as to the most fundamental characteristic of crimes as that word has been understood in English speech.” Gompers v. United States, 233 U.S. 604, 610 , 34 S.Ct. 693 [695], 58 L.Ed. 1115 (1914). Criminally contemptuous conduct may violate other provisions of the criminal law; but even when this is not the case convictions for criminal contempt are indistinguishable from ordinary criminal convictions, for their impact on the individual defendant is the same. Indeed, the role of criminal contempt and that of many ordinary criminal laws seem identical — protection of the institutions of our government and enforcement of their mandates. Bloom, supra, 391 U.S. at 201 , 88 S.Ct. at 1481-2 . In Michaelson v. U.S. ex rel. Chicago, St. P., M. & O. R. Co., 266 U.S. 42, 66 , 45 S.Ct. 18, 20 , 69 L.Ed. 162 (1924) the court stated, “[T]he fundamental characteristics of both [crimes and criminal contempts] are the same.” Recogni”

   1 later decision quote this exact passage · from the majority
   e.g. 380 Pa. Super. 258 - Vito v. Vito

3. “(1) The rights to bail that are accorded to persons accused of crime. (2) The right to be notified of the accusation and a reasonable time to make a defense, if the alleged contempt is not committed in the immediate view or presence of the court. (3) (i) Upon demand, the right to a speedy and public trial by an impartial jury of the judicial district wherein the contempt is alleged to have been committed. (ii) The requirement of subparagraph (i) shall not be construed to apply to contempts: (A) committed in the presence of the court or so near thereto as to interfere directly with the administration of justice, or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or process of the court; or (B) subject to 75 Pa.C.S. § 4108(c) (relating to nonjury criminal contempt proceedings). (4) The right to file with the court a demand for the withdrawal of the judge sitting in the proceeding, if the alleged contempt arises from an attack upon the character or conduct of such judge, and if the attack occurred otherwise than in open court. Upon the filing of any such demand, the judge shall thereupon proceed no further but another judge shall be designated by the court. The demand shall be filed prior to the hearing in the contempt proceeding.”

   1 later decision quote this exact passage · from the majority
   e.g. 339 Pa. Super. 51 - L & J Equipment Co. v. United Mine Workers