Protection from Abuse Orders (PFA) and Stalking Defense in Cumberland County, PA

Stalking in Cumberland County, PA, is a serious offense that may result in prison time and/or fines. This is even more so if a Protection From Abuse (PFA) order has been issued against you. A PFA order, also called a protective order, is often filed by someone who feels threatened or scared that someone's stalking actions may put them and/or their loved ones in danger. It's usually meant to deter the stalking behavior or intent that caused the petitioner to feel unsafe.

Although a PFA order is a civil action under the Pennsylvania Protection from Abuse Act and doesn't necessarily attract severe penalties, violating the order can quickly lead to criminal action, arrest, and subsequent conviction. If you've been the recipient of a PFA order because of stalking in Cumberland County, PA, you need all the legal help possible.

A Protection from Abuse order should not be taken lightly as it can have far-reaching effects that adversely impact your life. The LLF Law Firm Criminal Defense Team is familiar with PFA orders related to stalking and knows how to navigate the issues that may arise from such orders. Our team will work hard to fight all accusations and provide legal guidance that will help you avoid violating final orders.

Contact the LLF Law Firm by calling 888-535-3686 or filling out this contact form today.

When are Protection from Abuse Orders Issued in Cumberland County, PA?

In Pennsylvania and other parts of the country, anyone who feels threatened by another's stalking or domestic abuse-related actions can file a Protection from Abuse order to seek protection from the defendant. Specifically:

  • Anyone who fears that the defendant may cause them grievous bodily harm.
  • Anyone who sexually or physically assaults underaged children.
  • Anyone who strongly suspects that they are in danger of imminent bodily injury.
  • Anyone falsely imprisoned by the defendant based on the definitions outlined in Title 18 of the Pennsylvania Consolidated Statutes.
  • Anyone who has been repeatedly followed unlawfully or stalked by the defendant, thus causing them to reasonably feel that they may sustain bodily injury from the defendant.

Any of these circumstances is grounds for issuing a PFA order.

Consequences of a PFA Order in Cumberland County, PA

If you're issued a stalking-related PFA order in this Commonwealth, it can bring untold hardship and severely affect your life. Some of the consequences include:

  • 5 to 7 years jail time plus up to $10,000 to $15,000 fine.
  • Negative impact on your personal and professional relationships.
  • Devastating effect on career prospects.
  • Adversely limits access to loan and mortgage facilities, as well as, fair insurance rates.
  • May restrict the enjoyment or participation in civil liberties such as owning or carrying firearms.
  • A new bill – House Bill 1150 – proposes electronic monitoring for individuals subject to PFA orders in Pennsylvania. While it's not passed yet, this bill indicates the additional issues PFA order recipients may have to deal with.
  • Possible restrictions from contacting family members.
  • Loss of housing that you're still paying its mortgage.

In short, a PFA order can make your life incredibly difficult and stressful. This is why you cannot afford to be flippant about a notice of protective order. You don't want your life to be upended and possibly ruined by this. So, if you have been served the petition, talk to the Criminal Defense Team at the LLF Law Firm to explore your options.

We will guide you through this difficult period and help you get the best outcome from your case. Remember, a stalking-related PFA order typically takes as little as 10 days to go into effect. You cannot afford to spend time defending or representing yourself in court. The disadvantages are far too great if you lose. Let's help you. Call 888-535-3686 or fill out this contact form today to speak to a PFA and stalking defense attorney in Cumberland County, PA.

What is Stalking in Pennsylvania?

It is important to clearly understand what stalking means in Pennsylvania, as people may not be aware that their actions may be interpreted as that. In general, stalking involves taking certain actions directed towards specific people that cause them to fear for their safety or cause significant emotional and psychological distress.

Some examples of actions that qualify as stalking include:

  • Showing up unannounced or uninvited at someone's property, particularly if they don't want the person around them or feel threatened by their presence.
  • Repeat verbal, physical, or other threats directed toward someone, thus making them feel unsafe.
  • Following someone without their invitation or any legal reason.
  • Repeatedly harassing or making inappropriate comments or actions against someone who doesn't want it.
  • Contacting someone multiple times when they have expressed or indicated that they're not interested in interacting with you.

The thing about stalking is that the defendant merely needs to feel unsafe or threatened to get a PFA order against you.

Whether your actions weren't intended to make them feel threatened is not relevant. What matters is the plaintiff's viewpoint that they do not feel safe. That's usually enough to allow law enforcement agents and the courts to issue an order against you.

Cumberland County's Stalking Charges and Grades by Severity

Stalking can either be a misdemeanor or felony, depending on the circumstances. Here's what the grading looks like:

  • First-time offense: Classified as a first-degree misdemeanor, it can attract a fine of up to $10,000 and a prison sentence of up to 5 years.
  • Repeat offense: Whether it's stalking charges against the same individual or someone else, a repeat offense is classified as a third-degree felony and may attract fines of up to $15,000 and up to 7 years of jail time.

Also, if a defendant is accused of making terroristic threats against the target individual while stalking them, it can be grounds for more severe penalties. It doesn't matter if your comment was taken out of context or misinterpreted. So, a first-time offense can be easily bumped to a third-degree felony if you're charged with both stalking and terroristic threats.

What Happens to People Who are Issued PFA Orders?

If you've received a stalking-related Protection from Abuse order, it's important to note that you may have to deal with the following:

  • Difficulty securing and retaining employment: Although a PFA order linked to stalking is often a civil matter, the order may show up during a pre-employment background check. And while a PFA isn't truly public record, anyone can request the record and be granted it by the courts. This can be a red flag for employers, causing them to pass on hiring you.
  • Possible accommodation issues: If you have to vacate the house due to the protective order, you may suddenly find yourself lacking shelter. Apart from the obvious logistical and psychological issues that a lack of accommodation can cause you, there's another problem of denied rentals. A landlord or property manager may refuse to rent to you due to the order.
  • Prohibition from contacting the petitioner: A PFA order typically compels the defendant to stay away from the victim, including mandating a minimum distance between you and them anywhere in the county. This can be an inconvenience for you and may lead to unintended PFA violations.
  • Possible criminal action: If you unintentionally violate the protective order and it's reported, you could face criminal charges, pay a fine, and a possible prison sentence.

A Protection from Abuse order can upend your life and put you in a difficult position. Worse, the terms of the order may be unfair or impossible to adhere to. Talk to our experienced Cumberland County PFA defense attorney to fight this order, protect your rights, and get your life back on track.

PFA Order Process in Cumberland County, PA

The swiftness with which protective orders go into effect can leave you feeling blindsided and overwhelmed. This is why a thorough understanding of the entire process is necessary.

  • Ex-parte hearing: Under Section 6107 of Pennsylvania's Protection From Abuse Act, an individual can file a petition for a temporary restraining or protective order if they feel that they are in imminent danger due to someone's stalking activities. To file, they can call the Domestic Violence Services of Cumberland and Perry Counties hotline or submit a petition at the Prothonotary Office at the county courthouse at 1 Courthouse Square in Carlisle. An ex parte hearing implies urgency, which is why it may often be one-sided. Therefore, you may not receive notice of a hearing before a temporary protective order is issued against you.
  • Court approves temporary protective order: If the petitioner convinces the judge that their petition is valid and they're in imminent danger during the ex parte hearing, the judge will grant them a temporary protection order, which goes into immediate effect.
  • Court schedules a Final PFA order date: During the ex parte hearing, the court will also schedule a new date for a Final Protection From Abuse hearing and arrange to have the petition served to the accused to appear before the court on the stated date. Most Final PFA hearings are scheduled within 10 days of granting the temporary PFA.
  • Final PFA hearing and order: Both parties must make their case before the court on the scheduled date. Most Final PFA orders are issued or granted when the petitioner provides more valid or admissible evidence than the defendant —often called a preponderance of evidence— thus showing that the PFA is necessary for their safety and well-being. Final PFA orders can be in effect for up to 3 years.

In a recent year, approximately 23 percent of final PFA order petitions were granted in Cumberland County. This means you may have a chance to fight the final PFA order. With the right defense attorney fighting for and defending your rights during the formal hearing, you can reach an agreement with the petitioner and avoid a PFA order situation.

Steps to Appeal a PFA Order

There are two ways to appeal a final PFA order:

  • File a Motion for Reconsideration with the same court that issued the order.
  • File a Notice of Appeal with the Pennsylvania Superior Court.

All appeals have to be filed within 30 days of the final PFA order date. To effectively appeal the order, your attorney has to prove that the judge made a mistake of facts, law, or both. The attorney has to be very sure that there was some sort of error from the judge and prove that there was “manifest injustice”. This way, a judge has to reconsider the order and review the case to avoid injustice.

Protection from Abuse Order Modification Process

Even after a stalking-related final PFA order has been granted, one or both parties may, over time, seek to modify the order. This may be due to a change in circumstances, disposition, or even relationship. There are many factors that may warrant the need to modify a final PFA order, including seeking relief from overly broad or punitive PFA terms.

However, please note that if ceasing all contact with the petitioner is a part of the PFA order, reaching out to them is still a violation of the order and could be grounds for criminal action. So, your best option would be to plead with the courts to modify the terms.

If you're considering modifying the final PFA order, here's what you should do:

  • File a Motion to Modify the Final PFA Order.
  • Highlight the reasons for the request.
  • Go to court on the scheduled date of the hearing.
  • The judge reviews the testimony and petition for modification.
  • The judge ensures the modification will not jeopardize the petitioner's safety or well-being.
  • The judge decides to approve or deny the modification based on the information and your pleas via your attorney.

A Petition to Modify is best handled by an experienced stalking and PFA defense attorney in Cumberland County, PA. This is due to the often technical and possibly complex nature of these petitions. Our Criminal Defense Team at the LLF Law Firm can help you effectively seek the PFA order modification that you need to live more freely.

Can the Petitioner Request the Enforcement of Another State's PFA Order in Pennsylvania?

The answer is yes. According to Section 6104 of Pennsylvania's Protection from Abuse Act, a Cumberland County court can “recognize and enforce a valid foreign protection order issued by a comparable court in another state or jurisdiction”.

So, if you moved to Pennsylvania from another state where you had a PFA order, the petitioner can still request the enforcement of the PFA order against you in this Commonwealth by filing a Foreign Protection Order (FPO).

However, if the defendant was not given a notice or summoned to a hearing, the FPO can be challenged on both grounds. The basis for this challenge is that a petitioner should only be able to get a foreign protective order only after all due processes, including asking the court to send a notice and inviting the defendant to the hearing, have been completed.

An FPO is not fair to you, particularly if you moved cities or states to start afresh. So, if you've been served an FPO notice, come talk to our Criminal Defense Team at the LLF Law Firm. We'll review your case and explore the best options.

Can a “Bad Faith” PFA Filing Be Enforced?

A PFA order that's filed based on lies, dishonesty, malice, or intended abuse/harm will not be enforced by the county. Pennsylvania's Protection from Abuse Act makes provisions for “bad faith” filings.

Once determined that the PFA proceeding was initiated in “bad faith”, the court is allowed to award damages to the defendant and mandate the petitioner to pay all legal fees incurred by the defendant.

So, even if, for some reason, the court does not catch the falsehood or malice in the temporary PFA hearing, it will identify it in the final PFA hearing, provided you have adequate legal help that can provide a preponderance of the evidence that supersedes the petitioner's accusations.

Get Help from a Cumberland County Protection from Abuse Defense Lawyer

If you're facing a Protection from Abuse Order due to stalking activities, time is of the essence. You need the help of the experienced Criminal Defense Team at the LLF Law Firm to fight the petition. Our team has many years of experience representing and fighting for people accused of stalking. Let us help you weather this storm, protect your rights, and guide you through the legal proceedings.

Call 888-535-3686 or fill out this contact form today.

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The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

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