When most people consider the word “stalking,” they imagine someone who is deliberately following another's movements in ways that make them feel uneasy. However, the legal definition of stalking is much more complicated than that. Therefore, actions that a reasonable person may or may not believe to be unlawful stalking might – or might not – mirror the law's interpretation of this offense. As a result, many people with good intentions find themselves facing stalking charges despite the fact that they acted in ways that they believed were well within the boundaries set by Pennsylvania state law.
Additionally, either before formal stalking charges are filed or after the fact, those accused of stalking behavior may be affected by a petition for a Protection from Abuse (PFA) order filed by an alleged victim. The restrictions imposed by the courts when these orders are approved are often life-altering in the most fundamental ways. Just as a conviction for stalking can ruin one's reputation and result in truly negative consequences, so can being named as a danger to another's safety via a PFA order.
The negative consequences that may arise in the event of stalking charges, convictions, and/or a PFA order approval mean that the stakes are objectively high for those who have been accused of stalking conduct. If you are under investigation for this kind of misconduct, are the subject of a temporary PFA order, or have been formally charged with stalking, it is necessary for you to seek legal guidance and support immediately. Building a strong defense can place you in the strongest possible position to safeguard your rights and future well-being.
Get started today by connecting with our team. You can call 888-535-3686 or contact the LLF Law Firm online to learn more about how we can help. By speaking with our Criminal Defense Team, you'll be able to make informed decisions about your situation that can help to ensure that you aren't overwhelmed by burdensome legal restrictions and that your reputation remains strong.
Pennsylvania State Stalking Laws
In Pennsylvania, as is true in states across the U.S., it is a crime to stalk someone, and it is a crime to falsely report that someone is engaging in stalking behavior. It is possible that you have been accused of stalking misconduct due to intentionally false allegations. It is also possible that there was a misunderstanding leading to the allegations against you. There may even be some truth to any stalking charges that the state may have filed. Ultimately, it is important to respond to your situation urgently and seriously, regardless of whether the stalking behavior you've been accused of was falsely reported or not.
Whether your accuser is being truthful or not will influence the ins and outs of your defense strategy, but you can't simply ignore your situation if your accuser is lying. The state will deal with their behavior separately. What you need to focus on is safeguarding your freedom and reputation in the most informed ways possible. Otherwise, your life could be negatively impacted by this situation for years on end.
While the outcome of any case is not guaranteed, it can be heartening to learn that many people accused of stalking in Pennsylvania benefit from strong approaches to legal defense. Stalking is rarely an open-and-shut case for prosecutors because there are so many potentially successful routes to take when defending an individual who has been accused of stalking.
In Pennsylvania, someone's behavior must meet certain criteria before they can be convicted of a stalking charge. Primarily, behavior that meets either of the following descriptions can be considered stalking under Pennsylvania law:
- A pattern of action or repeated acts committed toward another person – this behavior may include the act of following that person without “proper authority” – these circumstances must demonstrate intent to cause the individual significant emotional distress or to create a reasonable fear of bodily injury in them
- A course of behavior or repeat communications directed toward another person in ways that demonstrate intent to cause that person significant emotional distress or to inspire a reasonable fear of bodily injury within them
These are technical definitions, and it isn't surprising that many people find them confusing. When does unwanted behavior cross the line? After all, it's fairly easy to make others fearful or uncomfortable without meaning to. Thankfully, asserting that a defendant didn't mean to make their alleged victim uncomfortable or fearful can be a successful defense strategy in some cases.
On the flip side, some people do act in ways that are intended to scare or distress others, but an alleged victim's fear or distress may be disproportional to the conduct at issue. Say, for example, that someone who likes to play pranks on their friends repeatedly jumps out from behind bushes to startle them. Despite the fact that the target of such conduct is aware that this is a friend being silly (and perhaps a little stupid), not malicious in their intent to frighten, the target insists that the conduct makes them fear for their life. The defense can argue that this fear is almost certainly unreasonable and their emotional distress is not reasonably “substantial.” This is an example of how an alleged victim's response to someone's supposed stalking behavior may influence an alleged offender's legal defense strategy.
The Criminal Defense Team at the LLF Law Firm understands how to personalize our clients' defense strategies to emphasize the strength of their position, given their unique circumstances. Whether it makes sense to question the legitimacy of witness accounts or seek to suppress evidence due to unlawful search and seizure operations, we know how to build a strong defense and how to execute it thoughtfully. This is one of the primary reasons why so many individuals in Adams County and across Pennsylvania have trusted us with their consequential criminal defense matters. Once we are familiar with your unique situation, we'll begin working to safeguard your rights and minimize your risk of being subjected to negative consequences.
Criminal Stalking Charge Classifications in Pennsylvania
When first-time offenders are charged with stalking in Pennsylvania, these charges are usually classified as misdemeanors. When first-time offenders are convicted of a first-degree misdemeanor charge, a sentence of up to five years in jail and/or fines of up to $10,000 is possible.
If a defendant is allegedly a repeat offender or extraordinary circumstances apply, more severe charges may be levied. Generally, prosecutors can choose to upgrade stalking charges from misdemeanors to felonies for repeat offenders or if first-time defendants are also being charged with any of the following aggravated charges:
- Violation of a protective order
- Terroristic threats
- Simple assault
- Reckless endangerment
- Rape
- Kidnapping
- Involuntary deviant sexual intercourse
- Aggravated assault
Repeat offense charges are usually classified as third-degree felonies, punishable by up to seven years in jail and/or fines up to $15,000.
In addition to sentences imposing fines and/or mandating incarceration, people convicted of stalking may also be forced to grapple with secondary negative consequences. A common secondary consequence of a stalking conviction – and sometimes even a stalking charge – is being named as the target of a PFA order.
Stalking Charges May Lead to PFA Orders
When someone is charged with stalking, the courts usually take that potential risk to an alleged victim's safety seriously. Therefore, a judge may grant an alleged victim's request for a Protection from Abuse order seriously, too. When someone is legitimately vulnerable to harm, a PFA can be a powerful legal tool for good. However, when used too liberally, PFAs can function as a judicial overreach that unnecessarily restricts those who don't pose an actual danger to others.
Especially if you are being accused of stalking due to false accusations, a misunderstanding, false accusations, or you're simply not a danger to others, it's important to defend against a PFA order petition successfully if possible. Otherwise, your life could change dramatically in truly negative ways.
As PFAs are usually requested by – and granted to – the spouses, former spouses, family members, current partners, or former partners of those accused of stalking conduct, anyone who might seek a PFA order against you is likely to be heavily involved in your life. Being compelled to honor restrictions related to them could dramatically impact your ability to go about your business as usual.
Judges can award temporary orders and full orders. If the court ultimately determines that you are a threat to your alleged victim, you can potentially be ordered to:
- Vacate your home so that the alleged victim (the plaintiff) can occupy it alone
- Cease to engage in any contact with the alleged victim, their relatives, and possibly any minor children you may share
- Suspend your rights to custody of your children, temporarily or otherwise
- Hand over firearms and/or ammunition that are in your possession and/or that you own
- Reimburse the plaintiff for their legal fees and/or expenses that may have arisen due to your alleged abuse
- Pay child and/or spousal support, if applicable
The practical consequences of being restricted by a PFA can be nightmarish. You might have to move, switch schools, adjust your employment, alter your communication with mutual loved ones, think twice before you go anywhere, etc. This situation can seriously impact your freedom. Therefore, it's wise to mount a strong defense to the allegations against you while you can.
Temporary Orders and Protection from Abuse Hearings in Adams County
Before a court considers granting a full PFA order, it may insist upon a temporary order for a short period of time. These orders are only meant to last until a court can hear both sides of a petition for a full order. It is possible that you have been named as the target of temporary orders without even knowing it, as people can seek temporary orders without informing their alleged abusers. You'll only have up to 10 business days before your full PFA hearing will take place, so it's imperative that you seek personalized legal guidance and support immediately. This hearing will give you a consequential opportunity to present your side of the story and to – hopefully – safeguard the full scope of your freedom as a result.
PFA Violations and Modifications
One of the reasons that you should push back against the implementation of a full PFA order is that it is too easy to unintentionally violate this legal mandate. And if you do, your misstep will turn your civil matter into a criminal case against you.
As previously mentioned, an alleged violation of a PFA order can serve as an aggravating sentencing factor. This means that a single unintentional misstep perceived as a PFA order violation can escalate a first-time misdemeanor stalking charge to a felony. If a temporary, emergency, or full PFA order is in place, you'll need to do everything you can to avoid violating it accordingly. Violations of protective orders are classified as criminal matters.
If you are subject to a PFA, a law enforcement officer can arrest you if they reasonably believe that the order handed down by the court against your interests has been violated. Whether an alleged violation was intentional or unintentional is irrelevant in this regard. While a lack of intent to violate a PFA order may keep a judge from sentencing you to jail, it won't keep a police officer who believes that you've violated a PFA from arresting you, nor will it keep the court from considering whether to sentence you for a second-degree misdemeanor criminal offense. Mistakes and misunderstandings happen, which is just one more reality that underscores the need to push back against PFA orders by mounting a strong defense against them in the first place.
It's also important to note that just as the violation of a PFA can escalate a stalking charge if the nature of an alleged PFA violation involves criminal behavior – including harassment or stalking – the individual accused of that violation could face new stalking charges if they haven't been accused of this kind of behavior before.
Finally, it's important to understand that even a single, unintentional PFA violation can inspire a judge to sentence an offender to $1,000 in fines, probation, and/or up to six months in jail. Each count of “indirect criminal contempt of court” (the technical name for a PFA violation) could result in this sentence. Meaning that if you were convicted of two violations, you could spend up to a year in jail. A judge could also order an offender to participate in substance abuse treatment programming, anger management classes, counseling for domestic violence, and/or other opportunities if the court thinks that such attendance is wise and/or warranted. PFA violations can also be interpreted by family law courts as solid reasons for child custody arrangements to be adjusted.
PFAs are unquestionably restrictive. It is also shockingly easy to unintentionally violate these orders. These are just two of the reasons why those accused of stalking conduct and named in a PFA order may choose to petition the court for a modification of a particular order. When a modification effort is successful, it can minimize the duration of a PFA's terms and/or render a PFA order less restrictive. These adjustments can make it easier for those who are subject to these orders to comply with them.
Legal Assistance Is Available
PFA orders are civil matters. Stalking concerns and PFA violations are criminal concerns. They are all distinct legal issues, but there is no denying that each circumstance has the potential to inspire or escalate the others. Most commonly, stalking charges lead to PFA orders and statements made during the course of PFA hearings, which are frequently used against defendants in criminal court.
If you have been accused of stalking, have been named in a temporary PFA order, or are being investigated for alleged behavior that could lead to one or both of these scenarios, it's time to get in touch with the knowledgeable Criminal Defense Team at the LLF Law Firm. We can start working to build a strong, informed defense strategy on your behalf today.
Until someone is convicted of stalking charges or named as the target of full PFA order restrictions, there is time to aggressively pursue a potentially successful defense. For example, the LLF Law Firm's Criminal Defense Team can present solid evidence in your favor at a full PFA order hearing. Even if there are temporary or emergency orders already imposed upon you, we can question the strength of the other side's case and advance compelling argumentation and evidence in your favor. And even if a judge's perceptions don't result in an optimal outcome, we can work to secure more favorable PFA terms than those proposed by the plaintiff, making PFA order restrictions more manageable.
The stakes of your situation are undeniably high. Connect with us today by calling 888-535-3686 or by contacting us online. You deserve representation from a team that knows how to win, and our firm's reputation speaks for itself.
