Being accused of stalking or served with a Protection from Abuse (PFA) order in Pennsylvania can be overwhelming and life-altering. Unfortunately, many are implicated through false accusations or without their knowledge until the Pennsylvania criminal justice system levies no contact orders, financial obligations, court-ordered exclusion, and moves forward with criminal or civil charges. All too often, individuals wait until just before hearing or court dates to understand the gravity of the situation and how it can affect their future for years to come. If you're facing a PFA order, call the LLF Law Firm Team now at 888-535-3686 or fill out our confidential consultation form.
How Does Pennsylvania Define Stalking?
Pennsylvania defines stalking as when someone engages in a course of conduct or repeatedly acts with the intent to place another party in "reasonable fear of bodily injury" and to cause "emotional distress." The course of conduct implies a "pattern of actions composed of more than one act, over a period of time…evidencing a continuity of conduct."
Legislation was written to include threatening, obscene, or lewd words, language, drawings, and caricatures, whether committed in person or anonymously. Moreover, acts indicating a course of conduct do not have to be committed in the same jurisdiction.
Grading Criminal Stalking Charges
For first-time offenders, stalking is usually charged as a first-degree misdemeanor, which carries a maximum sentence of up to five years in jail and $10,000 in fines. If the accused has a prior conviction, the charge can be upgraded, but it will depend upon the particulars of the case. Nevertheless, if one of the following acts was alleged in the commission of the stalking incident, the charges are upgraded to a third-degree felony.
- Assault (simple and aggravated)
- Breach of protective orders
- Involuntary deviant sexual intercourse
- Kidnapping
- Rape
- Reckless endangerment
Individuals charged with felony stalking may end up serving seven years in jail and compelled to pay up to $15,000 in fines. Beyond incarceration and fines, those convicted are monitored on a statewide database.
What Is a Protection from Abuse Order?
While there are criminal charges faced by those accused of stalking, there are also civil actions to contend with. Under Pennsylvania's Protection from Abuse Act, courts are given the power to protect certain people in relationships, such as:
- Current or former sexual or intimate partners.
- Spouses, or those living as spouses, whether they live together presently or previously.
- Parents, children, and others related by blood or marriage, including individuals sharing a biological parent.
Petitioners must have been physically abused or be in "real fear" of severe physical abuse because of threats or menace—and those who have been sexually abused or have been knowingly kept against their will. However, there is no requirement that evidence like medical or police reports be filed to fulfill the burden of proof by a preponderance of the evidence.
Hearings for PFAs
Plaintiffs can seek temporary on an ex parte basis, meaning without the party present. Therefore, defendants can be taken by surprise with allegations. Orders remain in effect until a hearing can begin, which is scheduled within ten business days. The judge can also issue an emergency order, but only when two circumstances are present:
- A "true emergency" exists
- If the Court of Common Pleas is not available to hear the petition
Emergency orders expire at the end of the following business day. However, in some cases, the local Court of Common Pleas may replace an emergency order with a temporary order.
At the full hearing, both parties can submit evidence, their own testimony, or that of witnesses. Judges will determine whether the concerns or past actions noted in the petition have valid explanations given by the defense and will then render a verdict.
How Will PFAs Impact You?
PFAs can be instituted for up to three years and can have consequences beyond the immediate legal implications. If the parties live together, the court may choose to evict the defendant and grant sole possession of the residence to the plaintiff. Potential employers may see the order through background checks and believe it speaks negatively to one's character. For those already employed, professional licensing agencies may call credentials into question.
Pennsylvania's criminal justice system can hand down a host of sanctions. Some other common ones include:
- No-contact orders between the defendant and the plaintiff, children, and the plaintiff's relatives.
- Seizure of the defendant's firearms, ammunition, and other weapons.
- Ordering the defendant to pay for the plaintiff's legal fees, spousal or child support, or any other costs associated with the acts that led to filing the PFA.
During and even after PFAs are active, defendants are at risk through increased scrutiny from police. Once a judge signs a PFA, minor infractions can become jailable offenses.
What Happens If You Violate a PFA?
Although PFAs are civil matters, violations are criminal, and police have the authority to make a decision if they have probable cause to believe a PFA violation occurred, even if it did not happen in the police's presence. Violations are considered an indirect criminal contempt of court, typically graded as a second-degree misdemeanor in Pennsylvania, which includes:
- Fines up to $1,000
- A jail sentence of up to six months
If violations involve other criminal acts, such as stalking, defendants will encounter separate charges. Violations can also be used by the plaintiff to petition for PFA extensions.
Can a PFA Be Modified or Appealed?
Defendants have the right to appeal final orders within 30 days of issuance. The Pennsylvania Superior Court will review the case to determine if errors on the part of the local judge occurred or if the PFA imposes excessive conditions.
Either party can petition the court to modify the terms of the PFA order, adjust custody arrangements, alter support obligations, or address other relevant issues. However, any changes must be approved by a judge. Extrajudicial agreements are not enforceable.
The LLF Law Firm Criminal Defense Team understands the gravity of stalking charges and how PFAs can help. They are committed to providing comprehensive legal support to protect your rights and guide you through every step of the legal process. Don't face these challenges alone—get started on your defense strategy and call the LLF Law Firm now at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.
