Being accused of stalking in Allegheny County, Pennsylvania, can impact your life in many ways. This is particularly true if someone who accuses you of stalking obtains a Protection from Abuse (PFA) order against you.
A PFA can prohibit you from contacting or being near an alleged victim. Depending on the circumstances, it may also impact everything from custody arrangements to your current living situation. A Final PFA can also remain valid for up to three years in Allegheny County.
It's important to defend yourself effectively when someone is seeking or has obtained a PFA against you for alleged stalking. At the LLF Law Firm, attorneys with our Family Law Team are prepared to offer the Allegheny County PFA defense services you need now. Learn more about how we can help by submitting your information through our online contact form or by calling our offices today at 888-535-3686.
Pennsylvania's Stalking Laws: What You Need to Know
Pennsylvania law defines stalking as engaging in either of the following behaviors:
- Engaging in a course of conduct or repeatedly committing acts towards someone (such as following them) in a manner or under circumstances that demonstrate an intent to cause the said person to fear bodily injury or an intent to cause said person to experience “substantial emotional distress”
- Engaging in a course of conduct or repeatedly communicating with someone (such as by calling, texting, etc.) in a manner or under circumstances that demonstrate an intent to cause the said person to reasonably fear bodily injury or an intent to cause the said person to experience substantial emotional distress
Factors that a court may account for when determining whether stalking has actually occurred include:
- Whether the evidence suggests a defendant's intent was to cause someone to fear bodily injury or experience emotional distress
- Whether the acts that constitute stalking have occurred more than once or represent an overall pattern of behavior
Courts may also account for prior criminal history when approaching these types of cases.
The Grading of Stalking Charges in PA's Allegheny County
The penalties that one may face if they're charged with stalking in Allegheny County can depend on several factors. A particularly significant factor is whether this is a first offense.
If this is a first offense, the law usually treats stalking as a misdemeanor. Penalties someone may face for a first-time misdemeanor stalking charge are:
- A fine of $1,500 to $10,000
- Up to five years in prison
- A combination of a fine and prison term
Stalking charges may escalate to a felony of the third degree when a stalking charge involves a second or subsequent offense.
In addition, even if this is someone's first alleged stalking offense in Allegheny County, the charges can escalate to a felony of the third degree if the individual being charged has previously been convicted of a crime involving violence against the same family member or household member they're now accused of stalking.
Per the law, types of previous violent convictions that can cause a first-time stalking charge to escalate include (but aren't limited to):
- Simple assault
- Aggravated assault
- Recklessly endangering another person
- Strangulation
- Kidnapping
- Rape
- Deviate sexual intercourse
- A conviction relating to protective orders
- A conviction relating to relief
For a felony of the third degree, potential penalties are:
- A fine of $2,500 to $15,000
- Up to seven years in prison
- A combination of a fine and prison term
In addition, when someone is accused of stalking, it's possible their alleged actions may overlap with other crimes. For example, because stalking can involve repeatedly communicating with an alleged victim, the forms of communication a defendant engages in may qualify as terroristic threats in Pennsylvania.
Such examples highlight the fact that stalking cases are complex and may involve various laws. If someone is accused of stalking, they may also face penalties for additional crimes. They should take the matter seriously and coordinate with legal professionals who can assist with the differing components of their cases.
Protection From Abuse Orders: A Potential Outcome of Stalking in Allegheny County
Criminal penalties aren't the only consequences someone may face when they're accused of stalking. Their alleged victims may also take civil actions. Seeking a PFA is a common example of a step someone may take in Allegheny County when they believe they're a victim of stalking.
In Allegheny County, the following individuals/parties may seek PFAs to protect them from alleged stalkers:
- Current sexual or intimate partners (which can range from married spouses to dating partners)
- Former sexual or intimate partners
- Family members related to the alleged stalker/abuser by blood or marriage (such as children, parents, siblings, etc.)
The court where someone may file for a PFA in Allegheny County is:
Family Law Center
PFA Department
440 Ross Street, Suite 301
Pittsburgh, PA 15219
(412) 350-4441
The court PFA Department's normal operating hours are weekdays, 8:00 AM to 11:00 AM.
Someone seeking a PFA in Allegheny County can begin by submitting basic information about the matter online. When the person seeking a PFA arrives at the court, the information they submitted will be printed onto a PFA petition. Although this is an optional step, taking it can speed up the process of obtaining a PFA.
A Final PFA can have significant implications for a defendant in regard to where they can live and the degree to which they can be in contact with their accuser. If the court issues a Final PFA, a defendant may also have to pay legal fees. There are no fees for plaintiffs to file for PFAs in Allegheny County.
Obtaining an Emergency PFA in Allegheny County
Someone seeking a PFA might feel they're in immediate danger. If the Family Law Center's PFA Department is closed, they can protect themselves by seeking an emergency PFA. Doing so involves these steps:
- Proceeding to a Magisterial District Court or Pittsburgh Municipal Court: Someone may file for an emergency PFA at a Magisterial District Court Monday through Friday, from 11:00 AM to 3:30 PM. Or, they may file for an emergency PFA through the Pittsburgh Municipal Court at any time EXCEPT Monday through Friday from 8:00 AM through 11:00 AM. As with filing for any type of PFA, submitting information online can speed up the process at the courthouse.
- Presenting the case: A judge at either the Magisterial District Court or Pittsburgh Municipal Court will hear the case and decide whether to issue an emergency PFA. If they do, the emergency PFA offers temporary protection until the PFA Department at the Family Law Center reopens. To extend the protection an emergency PFA offers, someone must proceed to the PFA Department as soon as it opens to complete the process of filing for a full PFA.
A defendant will almost always have little to no opportunity to defend themselves when a plaintiff seeks an emergency PFA. However, because the emergency PFA only remains in effect for essentially one business day, complying with its terms should be relatively easy. If someone learns an alleged victim has obtained an emergency PFA against them, rather than contacting the victim, which can lead to more trouble, they should prepare for a PFA hearing that's likely upcoming.
What Temporary Protection From Abuse Orders Do
The Family Law Center's PFA Department typically won't issue a Final PFA when someone files for an initial PFA. If the court issues a PFA, it will initially issue a temporary PFA. The temporary PFA remains in effect until a Final Hearing on the matter can begin. The court usually schedules a Final Hearing for approximately 10 days after it issues the temporary PFA.
Protection From Abuse Hearings in Allegheny County
A Final Hearing gives both a plaintiff and a defendant an opportunity to present their cases. If you've received notice of a hearing because someone is seeking a PFA against you, it's vital to prepare for the hearing accordingly.
For a plaintiff, this can mean gathering evidence. Forms of evidence that may support a plaintiff's case in a PFA hearing involving alleged stalking include:
- Messages and other forms of communication the defendant has sent the plaintiff
- Medical bills, photographs of injuries, or other such evidence if stalking also involved abuse
- Eyewitness testimony
- Evidence of any previous actions taken against a defendant, such as previous protective orders, previous relevant convictions, etc.
A defendant in these circumstances may prepare by identifying procedural errors in the way the plaintiff filed for a PFA, determining whether the manner in which they gathered evidence was legal, and challenging evidence that might not be valid. For example, if a plaintiff introduces fabricated text messages or communications as evidence, a defendant can show how the “evidence” in question isn't authentic.
The judge will determine whether to issue a Final PFA at the conclusion of the hearing. In Allegheny County, the maximum term for a final PFA is three years.
The Potential Terms and Impacts of a PFA
Per the Allegheny County DA's office, the general function of a PFA is to instruct someone to stop engaging in a form of abuse or stalking. What this specifically involves can vary somewhat on a case-by-case basis.
For example, in a stalking case, a PFA may require a defendant to:
- Cease contact with the plaintiff
- Stay away from the plaintiff
- In cases where the defendant and plaintiff live together, a PFA could require a defendant to move
A PFA can also influence custody matters if a plaintiff and defendant have children together. If a plaintiff successfully obtains a Final PFA, it could restrict the defendant's rights to see their kids.
Other potential consequences of a Final PFA include:
- Making it difficult for a defendant to secure employment
- Forcing a defendant to move out of their home, potentially forcing them to seek out a landlord who will rent to someone with a PFA
- Causing a defendant to lose the right to bear firearms
- Harming a defendant's reputation in a manner that can affect both their personal and professional lives
Someone who has had a Final PFA issued against them must also fully comply with its terms to avoid additional trouble. On top of that, law enforcement may be more inclined to scrutinize the actions of someone with a PFA against them.
The Potential Consequences of Violating a PFA
The fact that the court issued a Final PFA doesn't necessarily mean an alleged stalker will comply with its terms. An alleged victim may contact the police if a defendant violates a Final PFA's terms. If the police make an arrest, the process for handling PFA violations in Allegheny County involves the following:
- The police will take the defendant to a local District Judge's Office or to the Municipal Court Building. There, the arresting officer will complete a Complaint for Indirect Criminal Contempt (ICC).
- The defendant will appear before the District Judge. At this stage, they will be arraigned/charged with violating a PFA order.
- The District Judge will schedule a contempt hearing. These are usually scheduled for Wednesdays at 9:00 AM at the Family Law Center.
- The plaintiff should receive notification of the contempt hearing so they may participate. If a plaintiff reports someone for violating a PFA and they know the police arrested them, but they didn't receive notice of a hearing date, they can call 412-350-4441 before next Wednesday to learn more about whether the court scheduled a hearing.
PFA violations usually qualify as a form of indirect criminal contempt of court in Pennsylvania. The grading for such a violation tends to be a second-degree misdemeanor. Penalties someone may face for violating a PFA include:
- A fine of $300 to $1,000, and up to six months in prison, OR
- A fine of $300 to $1,000, and up to six months of supervised probation
It's worth noting that the very act of violating a PFA may involve engaging in another crime. For example, if someone accused of stalking in Allegheny County violates a PFA, the way in which they did so could constitute another act of stalking.
Thus, the penalties a defendant faces for an alleged PFA violation aren't the only penalties they may incur. They could also face penalties for any other alleged crimes they committed in relation to a violation.
Modifying a PFA in Allegheny County
Despite the name, a “Final” PFA in Allegheny County isn't always permanent. As was previously noted, the maximum term for a Final PFA is three years.
It's also possible to modify a Final PFA in Allegheny County. Modifying a PFA can allow for the loosening of restrictions that a PFA may have initially enforced. For example, a modified PFA may allow a defendant to see their children or contact the alleged victim to a reasonable degree.
The process of modifying a Final PFA in Allegheny County involves appearing at the PFA Department of the Family Law Center before 11:00 AM on any weekday and asking to complete paperwork for a Motion to Modify a Final PFA. Upon completing the paperwork, someone requesting a Final PFA modification may appear before their assigned judge to present their case.
It's sometimes possible to appear before one's assigned judge the same day one submits the Motion to Modify a Final PFA paperwork. If this isn't possible, the court will instruct the individual to return to the court at a specified date and time. If you're filing a Motion to Modify a Final PFA, err on the side of caution and prepare as if you will be presenting your case to a judge on the same day you complete and submit your modification paperwork.
Either party can modify a Final PFA. However, for the modifications to be legally binding, a judge must issue their approval.
The fact that two people informally decided to no longer acknowledge a PFA doesn't mean that the PFA is no longer in effect. Law enforcement can still arrest and charge someone for a violation if the judge doesn't issue their approval for a modification.
Get Help With a Stalking or Protection From Abuse Case in Allegheny County
Being accused of stalking or otherwise learning that someone is seeking a PFA against you in Allegheny County can be a stressful experience. It's important to take a proactive approach now by enlisting the help of legal professionals who have the experience necessary to serve your needs.
That's exactly what you'll find at our LLF Law Firm Family Law Team. Ways we can assist you right now include:
- Helping you prepare for a Final PFA hearing
- Providing assistance if you wish to modify the terms of a Final PFA
- Ensuring you understand a Final PFA's terms to guard against potential violations
Keep in mind that the PFA process can play out very quickly in Allegheny County. The sooner you contact our LLF Law Firm Family Law Team, the sooner we can begin working on a defense strategy tailored to your specific circumstances. Get started today by calling our offices at 888-535-3686 or submitting your information through our online contact form.
