Stalking is a serious criminal offense in Pennsylvania. And while you shouldn't downplay the risks of criminal charges, the truth is that they are not always the only pressing concern. Stalking accusations can also lead to civil issues, such as Protection from Abuse Orders, that turn your whole life upside down.
PFAs are not just a civil matter that can cause temporary setbacks. Family Court judges in Lackawanna County have tremendous authority to restrict the lives of defendants to protect victims. In fact, PFAs can potentially force a defendant to pay substantial fees, leave their home, sever contact with their children, and give up their right to own and possess a firearm. Worse yet, courts can issue PFAs on both a temporary and emergency basis before the defendant even has the ability to present their side of the story in court.
To minimize the harm that stalking allegations can cause, you must respond with a strong legal defense. The LLF Law Firm Criminal Defense Team has the knowledge and experience necessary to help you avoid severe punishment, whether you are up against criminal charges or PFAs based on unfounded accusations. Our attorneys have worked across Pennsylvania, including Lackawanna County, helping PA residents with stalking and PFA concerns.
The earlier you get in touch with attorneys, the greater your chance of success in both criminal and civil matters. The timeframe between a temporary PFA and a final court order is extremely tight, and you should provide the LLF Law Firm Criminal Defense Team with as much time as possible to bolster your defense. Call today at 888-535-3686 or contact us through our website to get started.
Pennsylvania Stalking Laws
Most Pennsylvanians have a decent idea of what stalking entails, but not all similar-looking actions rise to the level of criminal stalking in Pennsylvania. State law defines stalking as occurring when someone engages in a course of conduct that causes fear or significant emotional distress toward another. This conduct must take the form of either:
- Repeated physical actions, such as following someone without authority toward another person.
- Repeated communication attempts.
Stalking charges are unlikely to result from one singular encounter. An important part of the statute is a course of conduct—repeated acts over a period of time that demonstrate a continuation of the stalking conduct. In addition, Lackawanna County courts must prove each part of the statute. Strong defenses to stalking charges include identifying a lack of intent to cause fear or harm, as well as a lack of emotional distress in the alleged victim.
Severity of Criminal Stalking Charges in Lackawanna County
Stalking charges in Lackawanna County begin as a misdemeanor of the first degree, which carries the potential for five years in prison and a fine of $10,000. However, prosecutors might push for felony stalking charges with the presence of additional outside factors. For example, stalking is a felony of the third degree if the accused stalker is not a first-time stalking offender. Stalking is also a felony of the third degree if the accused has committed similar offenses against the victim, including:
- Simple or aggravated assault
- Strangulation
- Reckless endangerment
- Rape
- Involuntary deviate sexual intercourse
- Breach of a protective order
Because stalking can include communication without any form of physical contact, miscommunications have the potential to introduce significant legal issues for a repeat offender. Previous stalking victims may be a family member, ex, or close friend. Victims may misconstrue harmless attempts to reach out or even apologize as further threatening conduct.
Connection Between Stalking and Protection from Abuse Orders in Lackawanna County
There is no doubt about it: criminal stalking accusations are significant risks to anyone's future and freedom. However, criminal allegations are only part of the story. Pennsylvanians who fear for their safety due to stalking can also take action through civil courts, with similarly disastrous effects on the lives of the accused.
Through a PFA, a Lackawanna County court can protect domestic abuse victims from another person in a qualifying domestic relationship. The list of possible valid relationships between defendants and plaintiffs found on Lackawanna County's PFA form includes:
- Parents
- Spouses
- Children
- Family members related by either blood, marriage, or affinity
- Siblings
- Current or former sexual or intimate partners
In addition to this domestic relationship requirement, the court will request proof or descriptions of physical or sexual abuse, stalking, threats, or injuries in order to issue a PFA. The plaintiff must also affirmatively assert that there is an immediate, present danger or fear of further abuse from the defendant.
Lackawanna County's Family Court is located in the Family Court Center at 123 Wyoming Avenue in Scranton. After an administrative order, plaintiffs must submit all PFA petitions in person going forward.
What Does a PFA Accomplish in Lackawanna County?
In a PFA petition, plaintiffs can request various forms of relief from the Lackawanna County Family Court. Courts will not always agree with the plaintiff and take all requested actions, but the potential outcomes of a PFA order include:
- Evicting the defendant from a residence and prohibiting further residency or attempts to enter the property
- Restraining the defendant from continuing any form of abuse, threats, stalking, or use of physical force
- Awarding temporary custody of minor children to the plaintiff and restricting the defendant's access to children
- Prohibiting the defendant from communicating with the plaintiff in any form, including contact at their school, place of employment, or personal business
- Restricting access to the defendant's firearms
- Ordering the defendant to compensate the plaintiff for reasonable losses suffered, including attorney's fees
- Requesting Pennsylvania State Police assist the victim in recovering personal belongings if they fear for their safety
Courts do not accept all accusations at face value, but they consider ongoing safety risks and often take precautionary measures. This leads to two primary types of protection orders: temporary and final.
Temporary PFAs in Lackawanna County
If a Lackawanna County resident is suffering abuse at the hands of a close family member or loved one, they can begin protecting themselves by filing a PFA petition with the Family Court. Temporary orders provide protection for abuse victims between their PFA filing date and the formal court hearing that occurs later.
The requested actions that the plaintiff includes on their Lackawanna County PFA sheet specify that they are requesting the court to "enter a temporary order, and after hearing, a final order that would do the following." This means that temporary orders, in the short term, can be just as restrictive and disruptive to an accused defendant's life as a permanent order. Courts can issue temporary PFAs before the defendant is even notified of the case against them.
In emergency situations when the Lackawanna County Family Court can't hear the PFA petition, a magisterial judge can issue an emergency order that lasts until the end of the next business day. Lackawanna County has many magisterial district courts, including in Scranton, Carbondale, Moscow, and Archbald.
Hearings for Protection from Abuse Orders in Lackawanna County
Although temporary orders can introduce many restrictions, they only last a maximum of ten business days. Family Court judges will either issue or deny a permanent PFA after listening to both sides—the defendant and plaintiff—at a formal court hearing. Ten days might seem like a lot of time, but you can never be too prepared for a PFA hearing. The LLF Law Firm has extensive experience representing Lackawanna residents during PFA hearings, and we understand the unique risks that stalking accusations can introduce to the situation.
The PFA hearing is an opportunity for the defendant to defend against the allegations outlined in the initial filing. The petitioner has great power to set the tone, and defendants who are not prepared with proper legal counsel are often on the back foot as they provide their side of the story. Petitioners begin hearings by expanding on their initial filing and submitting evidence and witness testimony that was not available previously. Defendants can challenge these allegations, provide context to their actions, and offer additional evidence that disproves the accusations of abuse, stalking, or threats. PFA hearings also allow for character references that counteract any allegations that the defendant is a violent or abusive person toward their children or family members.
After hearing both sides of the situation, the Lackawanna County Family Judge will decide whether the evidence is persuasive enough to warrant issuing a protection order. All types of protection orders come with some form of restriction, but they are not created equal. Skilled PFA defense attorneys can argue for lenient terms, shorter durations, or narrower scopes to make complying with PFAs easier for the defendant.
Why You Should Avoid a PFA in Lackawanna County
In nearly every way, a PFA makes it harder for Pennsylvania residents to live life to the fullest. It might not seem fair, but many PFA restrictions go into effect before the first formal hearing. Examples of hardships caused by PFAs include:
- Employment Concerns: Both a criminal record and the existence of a PFA can be dealbreakers when defendants attempt to find a future job. Plus, licensing boards in Pennsylvania may receive notice from the court and restrict a defendant's ability to maintain their current employment.
- Damage to Reputation: PFA orders, even temporary ones, can cause massive damage to someone's reputation in the local Lackawanna area; the inclusion of serious accusations like stalking makes reputational damage even worse. Most people are not familiar with the PFA filing and hearing process and will assume that any PFA is proof of someone's guilt. The potential ways that a bad reputation can immediately impact someone's life are innumerable, such as a small business owner losing clients or a local volunteer losing the ability to make a difference in their community.
- Financial Struggles: PFA orders may affect many aspects of a defendant's life. Lackawanna judges can order the defendant to pay the plaintiff for legal fees and abuse. Or, they can prevent a defendant from accessing a residence, immediately requiring them to find new lodging on their own dime. Many of these minor restrictions can accumulate into massive financial hardships.
- Housing Issues: Having a PFA on your record—or a criminal record due to PFA violations—complicates the process of maintaining stable housing. Rental companies might decline anyone with a risky background, and allegations involving domestic abuse or stalking are likely to raise red flags.
- Firearm Restrictions: PFAs allow courts to take away the defendant's right to own and possess a firearm until further notice. Courts typically require defendants to turn over their guns to law enforcement or a trusted third party, such as a gun dealer or attorney.
Defending against a PFA and preventing a final PFA order from the court is the most effective way to protect your long-term future when accusations come your way. The LLF Law Firm has direct experience representing Lackawanna County residents and should be your first call when you learn of a temporary or emergency PFA issued against you.
Criminal Risks of Violating Protection from Abuse Orders in Lackawanna County
The issuance of PFAs in Lackawanna County is strictly a civil matter. Even without any formal criminal charges for offenses like stalking, plaintiffs can still go to Family Court and petition for a PFA. However, that does not mean violating a PFA is always a civil matter, as violations can lead to criminal charges.
Generally, Lackawanna County judges can issue any restriction they see fit as long as they believe it is necessary to prevent the defendant from continuing with their alleged abuse or threats of harm. There is not always a clear line between what is and isn't allowed, and courts are not likely to give defendants much leeway. Courts may find a defendant in violation of their PFA even if they were confused or misunderstood the text of the order.
Police officers can arrest defendants if they believe they are in violation of their protective order, even if they did not directly witness the violation. For violations, courts usually hold defendants in indirect criminal contempt, which carries a maximum penalty of $1,000 in fines and 6 months of either imprisonment or probation.
However, PFA violations do not occur in a vacuum, and some actions that violate a PFA might also lead to separate criminal charges. For instance, a defendant who continues to engage in unwanted contact or communication with a plaintiff may face stalking charges that both violate a PFA and escalate the severity of the criminal classification.
Modifying a PFA in Lackawanna County
PFAs are formal, binding court orders. Just like custody agreements, parties to a PFA cannot change the terms of their PFA simply through mutual agreement. They must return to the courts and request a formal change or elimination of the protective order.
The inflexible nature of court orders is one way some Lackawanna County residents may unwittingly violate the terms of their PFA. If the domestic matter improves outside of the court, not everyone immediately assumes that they must once again settle the matter in court. However, courts still view all protective orders as valid until their specified end date. Remember, PFAs can also involve young children, and family courts have good reason to want to enforce orders to safeguard everyone involved.
In addition to early eliminations of a PFA, petitioners can also petition the court to extend a PFA, continuing the restrictions placed on the defendant. Defendants have the right to appeal new PFA orders within 30 days by filing with Pennsylvania's Superior Court.
It is never a good idea to live with a PFA looming over your life if you can successfully petition the court to modify the order. If situations change or you believe the order should be amended, contact the LLF Law Firm and let our team work with the court to modify the PFA.
Stalking and Protection from Abuse Defense in Lackawanna County
Criminal stalking charges and PFA concerns are both serious issues that often go hand in hand. Defending against one set of accusations won't do much good if the other matter completely uproots your life. The LLF Law Firm Criminal Defense Team fully understands the hardships caused by stalking allegations, and we are here to help.
Before it's too late, call the LLF Law Firm at 888-535-3686 or fill out our confidential form through our website. Our Criminal Defense Team will assess your situation and find the best defense available for initial stalking charges, PFA orders, or accusations that you violated an existing PFA.
