It is not uncommon for emotions to boil over interpersonal relationships, whether between family members or romantic partners. Despite that, the state of Pennsylvania has a vested interest in preventing domestic violence and abuse. That is why, in addition to making stalking and domestic abuse a crime, Pennsylvania law allows people to file protection from abuse (PFA) orders against abusers. If you're charged with stalking and/or served with a PFA, you must proceed very carefully.
Have you been charged with stalking or served with a PFA order in Monroe County? These are two separate legal proceedings that can proceed simultaneously. Mounting legal defenses in these cases is complex, and the outcome will have lifelong consequences. The Criminal Defense Team at the LLF Law Firm offers dedicated, effective legal representation with a successful track record. Don't take chances with your freedom and reputation. Call us at 888-535-3686 or contact us online.
PFA and Stalking in Monroe County
Stalking charges and PFA orders often go hand in hand. That's because stalking victims may not be safe after filing charges. The presumption of innocence, which is the cornerstone of our legal system, means that someone filing stalking charges is only the beginning of the process. While the criminal justice process is running its course, the alleged stalker may remain free on bail or personal recognizance.
So, the complainant in the stalking case may file a PFA order against you. The PFA case is a civil proceeding, and a Monroe County judge only needs to have a reasonable belief that you pose a potential danger to the petitioner. If the judge grants a PFA order against you, some of the restrictions can include:
- A prohibition on any direct (e.g., phone, in-person, social media) contact with the plaintiff
- A prohibition on any indirect contact with the plaintiff (e.g., contacting their family or friends via telephone, social media, or in person)
- Forced relocation and exclusion from your place of residence (even if you are a leaseholder or owner of the property)
The presiding judge in your case may also award the plaintiff temporary custody of your children. That's in addition to requiring you to pay monetary support to the household. Your name will also become known to local law enforcement. Depending on what you do for a living and the circumstances of your case, you may also experience complications in your professional life.
Many people who have been under PFA orders discovered that the granting of the order was the beginning of a downward spiral in both their personal and professional lives. The emotional upheaval of losing contact with your former spouse, romantic partner, and/or their families can be difficult to deal with. Complicating matters further is the fact that you don't have to be charged with stalking to be subject to a PFA order.
However, you can be charged with stalking (or other offenses) if you violate a PFA order. If the order is granted, it can last for up to three years. That's why it's so important to exercise your right to legal representation by contacting the Criminal Defense Team at the LLF Law Firm immediately after being charged with stalking or served with a notice to appear at a PFA hearing. We can help you fight the order or any related criminal charges.
Pennsylvania's Stalking Law
Under Pennsylvania's stalking law, anyone who commits one or any of the following activities could be charged with stalking:
- “engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person.”
- “engages in a course of conduct or repeatedly communicates to another person under circumstances which demonstrate or communicate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person.”
The law also establishes four criteria that law enforcement and the criminal justice system can use to weigh the accused party's actions in determining whether there is cause to file stalking charges. Those criteria are:
- Course of Conduct: Several different acts or actions that indicate a unified purpose or single underlying motivation
- Intent: The act or actions were undertaken with the intent of inflicting emotional distress, mental anguish, or psychological harm on the alleged victim
- Repetition: A series of two or more behaviors that constitute similar conduct (e.g., repeated phone calls or showing up unannounced at the alleged victim's workplace)
- Effect-Did the act or actions cause the victim to suffer emotional or psychological distress?
Stalking Can Be Charged As a Misdemeanor or Felony
Stalking is generally charged as a misdemeanor. However, stalking charges can be upgraded to a felony under certain circumstances, which include, but are not limited to, the following:
- Cases where a conviction would be a second offense of stalking by the accused
- Cases where an additional crime (or crimes) are connected to the stalking
If there is a kidnapping, assault (simple or aggravated), rape, or an incident of reckless endangerment that occurred in connection with the stalking activity, prosecutors or police may charge you with a felony. Stalking can also be charged as a felony if you are accused of stalking in violation of a PFO or if the alleged stalking led to involuntary sexual activity of any kind.
Stalking Carries Severe Penalties
Although a first offense stalking charge may be a misdemeanor, convictions can carry heavy penalties. You could be sentenced to up to five years in prison and fined up to $10,000. However, it's important to realize that other factors impact charging decisions in stalking cases. Some of the main considerations in charging decisions include the seriousness of the allegations and your prior criminal history.
For example, if you have prior convictions for stalking or other similar offenses against the accuser or members of the accuser's household, the charge could easily be upgraded to a third-degree felony. The penalties get significantly harsher with a third-degree felony conviction, which could result in seven years in jail and a fine of up to $15,000. Another thing you must consider is that stalking may not be the only crime charged in your case.
Additional Charges in Stalking Cases
It's not uncommon for prosecutors or police to charge you with additional crimes in connection with a stalking case. Pennsylvania law has a clause that allows prosecutors to charge you with harassment for making what is known as a “Seriously disparaging statement or opinion” about the accuser's child (or children) that “is reasonably likely to cause substantial emotional distress to a child of the victim's age and which produces some physical manifestation of the distress.”
You can also be charged with making what the law defines as “terroristic threats” if you say anything to the accuser that refers to any act of violence that you intend to commit against them. That could include remarks made in person, on the telephone, via email, or even social media. It's also important to remember that a prosecutor who doesn't know you will be making the charging decision.
If there is no recording of the alleged remarks, Monroe County prosecutors will base their charging decision largely on statements made by the victim, any witnesses, and the arresting officer's police report. The prosecutor may not realize you are prone to bombast when you are upset or even consider the possibility that the accuser misheard you or misread your intentions.
If there is a stalking case or a PFA connected to the threats, prosecutors may feel like they are erring on the side of caution by charging you with extra offenses such as harassment and making terroristic threats. Unfortunately, being convicted of one or more of these crimes can result in a lengthy prison sentence and fine. That's in addition to the possibility of the victim filing for a PFA after your release.
How do Stalking Cases Lead to PFA Orders?
The primary intent of PFA orders is to protect domestic violence victims from further abuse or threatening behavior. Pennsylvania's stalking law allows any of the following people to apply for a PFA:
- A current or former spouse (regardless of whether you still reside together in the same household)
- Family members (whether the relation is by blood or marriage)
- Current or former romantic partners
The petitioner does not have to file stalking charges against you to petition for a PFA. The only legal requirements necessary for a PFA are that the victim has been physically abused or a legitimate fear that you will abuse them based on intimidating behavior you've committed or statements you have made. If they wish to have a PFA filed based on stalking, they must provide the following:
- Place, time, and date(s) of the alleged incident(s)
- Detailed description of the threats and abuse
- Description or documentation of any physical injuries or emotional distress that took place during the incident(s)
- Names of any witnesses, bystanders, or parties involved in the incidents
The presiding judge in the case will have the discretion to provide various types of relief to the petitioner, which include:
- Evicting or temporarily barring you from a residence you share with the petitioner
- Making a “no-contact” order barring you from contacting the petitioner or any children you share
- Granting the petitioner custody of any children you shared with the petitioner
- Barring you from contacting the petitioner's relatives
- Signing an order directing law enforcement to seize any firearms or ammunition in your possession
- Signing an order directing you to pay expenses related to the case, such as child support, court costs, spousal support, or any expenses related to the alleged abuse (e.g., having to install a security system)
Emergency Orders
In most cases, time will elapse between the day the petitioner files for a PFA and the court hearing where the judge decides whether to grant the order. However, Pennsylvania law has a different procedure in PFA cases where the life or safety of the petitioner (or their child) could be in immediate danger. Petitioners are allowed to pursue PFAs on an ex-parte basis.
In an ex parte PFA case, a judge can review the case and grant the order without your knowledge, thereby stripping you of the opportunity to defend yourself for or answer to the charges. In an ex parte PFA hearing, the judge will review the allegations and evidence available, as well as the petitioner's testimony. If the judge finds the testimony credible, they can grant a temporary order against you.
After that, the actual PFA hearing must take place within ten working days. Although this process is sometimes necessary to protect the safety of the petitioner, it can result in you being completely caught off guard because you had no idea you were subject to a PFA petition. In many cases, our clients don't realize a temporary order has been granted against them until they are served with notice.
This can create very awkward and embarrassing situations where you are served at work or in a public place with family or other friends. Then, you discover that you only have ten working days to organize your defense for the PFA hearing. We recommend you contact our team immediately if this happens to you. Our team has experience working quickly and mounting effective PFA defenses on short notice.
Monroe County PFA Hearings
Under normal circumstances, you will be given notice to appear and time to prepare a defense for a PFA hearing. You have the right to submit evidence on your behalf and to scrutinize the evidence brought against you by the petitioner. That includes questioning witnesses, verifying the veracity of the evidence (and the procedures used to gather it), and examining the authenticity of any alleged communication you made.
However, the effectiveness of your defense will depend heavily on the skill level and competence of your legal representation. We have experience successfully contesting these hearings and making sure the petitioner's case meets the burden of proof. It's also important to remember that any testimony you give in a PFA hearing is sworn testimony that could later be used against you in a stalking case.
That makes it even more important for you to have effective counsel who also understands the intersectionality between the civil PFA hearing and a criminal stalking case. Our criminal defense team certainly meets that requirement, and we'll stand up for your rights, no matter how serious the allegations are. Another thing to consider is that we have experience negotiating PFAs in such a way as to cause the least disruption possible in your life.
Potential Impact of a PFA
Having a PFA granted against you can negatively impact your life in several ways. First, violating the PFA can expose you to contempt of court charges, which carry a potential six-month jail sentence and a $1,000 fine. So, the issuance of the order places you in additional criminal jeopardy beyond any stalking charges. Second, the loss of your home and contact with your children can be very disruptive and traumatic.
You may also experience difficulty finding new housing because the PFA may require you to continue supporting the household you are banned from. This could leave you short of funds at a very inopportune moment. Having a PFA against you could also damage your reputation with loved ones and professional acquaintances. Your second amendment rights could be temporarily or even permanently stripped due to a PFA.
With that said, perhaps the most damaging aspect of a PFA or stalking case is that it can expose you to additional unwanted scrutiny from law enforcement and remove your presumption of innocence. The fact that you have a PFA and/or a stalking conviction in your past can result in additional punishment or elevated charges if you experience any future complications with the criminal justice or family court system.
What to Do if You're Charged with Stalking or Face a PFA Hearing
Being arrested for stalking or served with an order to appear at a PFA hearing can turn your world upside down in a heartbeat. The consequences of a negative outcome could be severe, but never forget that you have due process rights in both the PFA hearing and any criminal stalking case. Remain calm and follow the full letter of any ex parte PFA order.
Then, contact the Criminal Defense Team at the LLF Law Firm. We will work with you to put together a highly tailored, effective defense that addresses the allegations in your case and maximizes your chances of a positive outcome. If there are weak points, deficiencies, or question marks in the case (or cases) against you, we will bring that to light during the legal process.
We can also help you modify a PFA or contest any alleged violations of a PFA order against you. Our mission is to provide you with a comprehensive defense of your reputation and due process rights. You deserve nothing less when your freedom, Second Amendment rights, and reputation hang in the balance. We're here to fight for you. Call the Criminal Defense Team at the LLF Law Firm at 888-535-3686 or contact us online today.
