After a breakup or divorce, it's normal to wonder how your ex is holding up or to hope to keep things civil. But what starts as a simple check-in can quickly spiral into an unhealthy obsession when someone can't take a hint and keeps reaching out—calling, texting, popping by uninvited—that curiosity crosses into dangerous territory. What seemed harmless can turn into stalking or harassment charges.
Being charged with stalking in Pennsylvania brings a whole cascade of problems. In addition to criminal charges, you could be hit with a Protection from Abuse (PFA) order, which can seriously affect your personal and professional life. Even if the charges are dropped, the social and professional fallout can be devastating, leaving you isolated and facing long-term consequences.
If you or someone you know is facing stalking charges or a PFA in York County, you need an experienced advocate by your side. The LLF Law Firm is here to provide strategic defense and protect your rights every step of the way. Whether you're contesting criminal charges, defending against a PFA, or navigating both, we're here to help. Call us at 888.535.3686or fill out our confidential consultation form to get started.
Understanding Stalking Laws in York County
Under Pennsylvania law, stalking is more than just a one-time incident—it's a pattern of behavior that leaves someone feeling unsafe or emotionally distressed.
You could be charged with stalking if you:
- Bombard someone with calls, texts, or social media messages after they've asked you to stop
- Follow them, whether in person or through tracking tech, without permission.
- Show up uninvited at their home, even after they've told you to stay away.
- Make threats, harass them with inappropriate comments, or loiter around places they frequent, making them feel threatened.
If these actions happen repeatedly, they cross the line into stalking territory, even if no physical harm is involved.
Key Elements of Stalking Include:
- Course of Conduct: More than one act that shows a consistent pattern of behavior.
- Repeated Acts: A minimum of two actions demonstrating ongoing behavior.
- Intent: The act is intended to cause emotional distress or instill fear of harm.
- Emotional Distress: A condition where the victim experiences significant mental suffering.
In York County, stalking can be a misdemeanor for a first-time offense but can escalate to a felony if there are prior convictions or if serious criminal acts like assault are involved. Charges can also be elevated if they are related to other offenses, such as violation of a protection order.
What's the Difference Between Stalking and Harassment?
The big difference between stalking and harassment is the intent behind the actions. Harassment is basically behavior that's meant to bug, annoy, or alarm someone else—it's about making them uncomfortable. Stalking, though, takes it a step further. It's about trying to cause real harm, either physically or emotionally, and usually involves a pattern of behavior.
Grading Stalking Charges: The Penalties You Face
Stalking charges in York County can seriously jeopardize your future. The consequences can go beyond criminal penalties, affecting every part of your life—from your job to your reputation. Even if charges are eventually dropped, the social and legal aftermath can cause lasting damage. In addition to criminal charges, accusations can lead to PFA orders, which bring their own set of civil consequences that can alienate you from your community and loved ones.
Stalking is typically charged as a first-degree misdemeanor, which could lead to up to 5 years in prison and fines as high as $10,000. However, if the defendant has a prior conviction for domestic violence or is under a PFA order, the charge can escalate to a third-degree felony. A third-degree felony conviction carries heavier penalties, including up to 7 years in prison and fines reaching $15,000.
In cases where accusations of stalking also involve threats of violence or other forms of intimidation, the severity of the charge can increase even further.
How Stalking Charges Lead to Protection from Abuse Orders
A criminal stalking charge in York County can trigger more than just penalties; it can also bring civil actions, such as a PFA order. PFAs are designed to protect individuals from domestic violence, threats, and abuse, and they can be filed in cases of stalking. A PFA order is a civil process. It allows someone to ask the Court for protection, even if no criminal charges have been filed.
To get a PFA (whether permanent or temporary), the accuser only needs to prove that domestic abuse or violence is more likely to happen than not, which is a standard of proof called "preponderance of the evidence." This is much lower than the criminal standard of “beyond a reasonable doubt.”
If the Court issues a PFA order, it can impact your life in several ways:
- Eviction: The defendant may be ordered to leave a shared residence, even if they are on the lease or deed.
- No Contact: A PFA prohibits all contact with the complainant, including indirect contact via third parties like family members or friends. This can include staying at least 100 yards from where the complaining party lives, works, or goes to school.
- Temporary Custody: The Court can temporarily award custody of children to the plaintiff.
- Firearm Restrictions: Defendants may be required to surrender firearms or face legal penalties for possession.
- Professional Scrutiny: The existence of a PFA can impact your job, especially in positions involving vulnerable populations. Note that in Pennsylvania, PFA orders are not automatically available to the public online. However, they can be requested from the relevant Court by anyone as long as there's a reasonable basis for the request. In most cases, the Court will provide the record to the person who asks for it.
- Inability to Access Belongings: A PFA order can limit access to personal belongings, from clothes and cars to important documents, electronics, and even pets. Whether it is certain items—tools for work, equipment for a business, or just the basic necessities like winter coats or medical supplies, a PFA could make it off-limits.
With these types of consequences, the threat of a PFA should be taken very seriously.
Who Can Get a PFA in Pennsylvania?
There's a common misconception that anyone can ask for a PFA order against anyone who harasses or threatens them. However, PFA laws in Pennsylvania set clear boundaries on who can seek protection and in what situations.
The Domestic Relations section focuses on relationships where the parties are intimately connected—like family members, household members, or those who share biological parenthood. This law doesn't apply to just anyone; it's meant for situations involving:
- Family members: Parents, children, siblings, or anyone related by blood or marriage.
- Intimate partners: Spouses, ex-spouses, or anyone currently or formerly in an intimate relationship.
- People who share children: Even if not married, parents who share children can file for a PFA.
For a PFA to be granted under this section, there must be proof of certain acts, such as:
- Physical harm or the threat of harm (e.g., assault, sexual assault, or any form of severe injury).
- Threatening behavior that puts someone in fear of harm.
- False imprisonment or abuse, including domestic violence or child abuse.
This section does not apply to co-workers, neighbors, or strangers who aren't in any of these relationships.
Related: PSVI (Protection of Victims of Sexual Violence or Intimidation)
Recently, Pennsylvania broadened the eligibility for PFAs to include victims of sexual violence or intimidation, even if there is no domestic or family relationship.
- Sexual Violence: This includes any sexual crime committed by someone who isn't a family member or household member. It covers things like rape, sexual assault, and other sex crimes that don't fit within the domestic relations law.
- Intimidation: This refers to situations where an adult (18 or older) is harassing or stalking someone under 18. It applies to non-family members as well.
This law protects individuals from sexual violence or intimidation, even when the alleged aggressor is not part of their immediate household or family.
How is a PFA Issued in York County?
The PFA Office can be found at the York County Judicial Center, located at 45 North George Street, York, PA 17401. The office is open from 8 am to 4 pm on days the Judicial Center is open. The phone number is 717-771-9662. This is the initial point of contact for anyone seeking to file for a protection order in York County.
If someone files a request for a PFA, the Court may issue a temporary order to provide immediate protection. The temporary order may include conditions such as barring the accused party from contacting or coming near the accuser during the waiting period. These orders can be granted without the defendant's presence in an ex parte hearing. As a result, defendants can be caught off guard by allegations, often without any warning that an order was even being requested.
Temporary PFAs can remain in effect until a formal hearing takes place, usually within 10 business days. During the hearing, the defendant and the petitioner will both present evidence and a judge will decide whether the PFA should become permanent.
Whether the temporary order is granted or denied, both the person seeking protection (the plaintiff) and the accused (the alleged abuser) will have the opportunity to attend the hearing where a final decision will be made. A final PFA can remain in effect for up to three years.
If You're Accused, Preserve Evidence
If you're accused of stalking and have evidence that helps your case, it's crucial to preserve it. Even if you're unsure whether it will help, make sure you back up and protect this information until you can consult with an attorney.
Here are examples:
- Eyewitness accounts
- Voicemails
- Medical records related to any injuries
- Photos supporting your side of the story
- Social media posts or messages (screenshot these before they get deleted!)
- Call logs and phone records
- Screenshots of text messages
- Video recordings
- Any written threats
Gathering evidence on your own can be tricky. That's why it's essential to talk to a lawyer.
Violating a PFA: The Consequences
Once a PFA is issued in York County, any violation can lead to serious consequences. Even if the violation is unintentional, such as a misunderstood text or a brief interaction, the Court can treat violations as criminal contempt.
Here's a list of ten things to absolutely avoid when dealing with a PFA order:
- Don't accept any invitations from your accuser to "talk things through."
- Never attempt to contact the alleged victim, including by text or phone call. Even if you have good intentions, a text might be perceived as threatening or unsettling. The focus isn't on what you meant but on how the other person interpreted it.
- Don't use a third party to pass messages to your accuser.
- Don't claim you didn't know the order's conditions.
- Don't ignore the PFA or its terms.
- Don't destroy any evidence that could be important.
- Don't get into further legal trouble or violations.
- If you run into the accusing party accidentally, keep walking!
- Don't approach your accuser in public or try to see them.
- Don't try to contact witnesses or influence testimony.
Even if it seems like your accuser is backing off or "wants you to come home," they've already set a legal process in motion, and you must stick to the rules to protect yourself.
Penalties for violating a PFA include:
- Fines up to $1,000 per violation.
- Up to 6 months in jail for each violation.
- Additional criminal charges, such as stalking or harassment, if the violation involves other illegal actions.
If the violation is found to involve criminal behavior, the defendant can face enhanced penalties, including longer jail sentences and additional charges.
How to Contest a PFA and Stalking Charges in York County
You still have legal rights in this situation, even if it feels overwhelming. Being forced to leave your home or be separated from your children—common conditions of a temporary PFA order—can be tough. But with the right guidance, information, and legal support, you can navigate the process more effectively and ensure your rights are protected.
If you're facing stalking charges or a PFA in York County, it's critical to have skilled legal representation to challenge the allegations effectively. The LLF Criminal Defense Team offers experienced defense strategies for clients in York County.
Our legal team will:
- Scrutinize the evidence: We will carefully examine the details of the alleged stalking behavior, questioning the credibility of the accuser and the validity of any evidence presented.
- Defend against PFAs: We'll guide you through the process of contesting or modifying a PFA, ensuring that your side of the story is heard in Court.
- Negotiate terms: We can often negotiate more favorable terms for a PFA, reducing its scope and minimizing its impact on your life.
- Use common sense and life experience: it's no secret that breakups or divorces can be acrimonious. Judges know that, as does law enforcement. They weren't born yesterday. So, if your ex throws shade, remember—the people making the decisions have seen this before. Many times. They know that sometimes, these allegations are exaggerated due to emotion.
If you've been accused of stalking or are dealing with the civil implications of a PFA, it's crucial to act quickly to protect your rights.
Consequences for Filing a False Petition
If it's proven that a person knowingly filed a false Protection from Abuse petition against you, the police could charge them with one or more of the following offenses:
- Perjury
- False swearing
- Unsworn falsification
- Filing false reports to law enforcement
Anyone caught filing a false petition can face significant legal penalties, including prison time.
Protect Your Future: Contact the LLF Law Firm Team Today
People seeking a PFA order may sometimes have ulterior motives. While it's illegal and against court rules, some individuals use a PFA order as a tactic in divorce or custody battles. For example, a spouse might falsely accuse the other of abuse to force them out of the house, or a parent might claim child abuse to gain sole custody. In these situations, a skilled lawyer can uncover the underlying bias and motivations behind such accusations.
Whether you're facing criminal charges or dealing with a PFA in York County, the LLF Law Firm is ready to provide the experienced defense that you need to protect your future.
Call us at 888.535.3686or fill out our confidential consultation form to get started. Don't navigate this complex legal terrain alone—let us help you build a solid defense and secure the best possible outcome.
