Stalking Charges and Protection From Abuse Orders in Bucks County

If you're charged with stalking in Pennsylvania, not only is it a serious offense with incarceration and fines that serve as severe punishments, but it often leads to further problems. Beyond criminal charges, individuals also face civil actions such as Protection from Abuse (PFA) orders. PFAs can severely impact one's personal and professional life, with a wide range of potential consequences that can alienate one from their community. Even before convictions, those accused will have their lives upended through how Pennsylvania can take action when allegations arise.

The LLF Law Firm Criminal Defense Team understands how to navigate complex criminal and civil situations like stalking charges and PFAs. We ensure that individuals have a strategic defense in Bucks County to contest accusations and that they can comply with final orders to avoid criminal charges. If you or a loved one is implicated in a stalking incident, our firm stands ready to help and defend you. Call us at 888-535-3686 or fill out our confidential consultation form now.

Defending yourself against a PFA and stalking charges in Bucks County is an immense undertaking, and orders are valid for up to three years. If the Bucks County judge grants the order, the following are likely to occur:

• Prohibited from any form of contact with the person who filed the PFA, including indirect contact through third parties like family members and friends.
• Court-ordered exclusion from residence, regardless of whose name is on the deed or lease or whomever pays for it.
• Provide temporary custody of any shared children to the plaintiff and impose financial obligations covering child or spousal support.
• Increased scrutiny by law enforcement and some employers.

Many times, individuals become overwhelmed by allegations of stalking or the issuance of a PFA against them. After all, it could be the beginning of a slippery slope into personal and professional ruination. But before you look at how you may fight the charges or contest the order yourself, remember that the team of attorneys at the LLF Law Firm is your trusted ally in defense.

Stalking Laws in Pennsylvania

In Pennsylvania, stalking occurs when a person engages in a course of conduct or repeatedly commits acts towards another person under circumstances that demonstrate either:

1. Intent to cause substantial emotional distress to the other person.
2. Intent to place the other person in reasonable fear of bodily injury.

State legislation provides further context to be considered when weighing allegations. The following are used to qualify stalking allegations:

• Course of Conduct: A pattern of behavior composed of more than one act that shows a continuity of purpose.
• Repeated Acts: Two or more acts demonstrating a continuity of conduct.
• Intent: The alleged act was committed to cause emotional distress or fear of bodily injury.
• Emotional Distress: A temporary or permanent state of mental anguish.

While a first-time offense is typically a misdemeanor charge, the Bucks County criminal justice system can upgrade the stalking charge under multiple circumstances. If the incident is the individual's second offense, charges are upgraded to a felony. Likewise, if one of the following charges is associated:

• Simple assault
• Aggravated assault
• Reckless endangerment
• Kidnapping
• Rape
• Involuntary deviant sexual intercourse
• Protective order breach

Grading Criminal Stalking Charges

Stalking charges in Pennsylvania are graded based on the severity of the offense, which takes into account any prior convictions. For a first-time offender, stalking is typically charged as a first-degree misdemeanor, which can result in a maximum sentence of up to five years in jail and fines not to exceed $10,000.

However, if the accused has a prior conviction for stalking or related offenses against the same victim or a member of their family or household, the charge escalates. For the second offense, stalking is upgraded to a third-degree felony, which means penalties increase significantly. Individuals charged with felony stalking may end up serving seven years in jail and compelled to pay up to $15,000 in fines.

It's important to note that stalking charges often accompany other related offenses, which can further implicate those accused. Pennsylvania also includes a provision to address "seriously disparaging" statements or opinions toward an accuser's child if they are "reasonably likely to cause substantial emotional distress…which produces some physical manifestation."

In stalking cases, those accused are often linked to forms of communication that can be taken as terroristic threats. Under state law, terroristic threats must fit the following criteria:

• Have the intent to terrorize
• Cause an evacuation of a building, place of assembly, or public facility.

Despite the fact that simple miscommunication—or that which is taken out of context—can lead to accusations of seriously disparaging statements or even terroristic threats, Bucks County will upgrade an initial first-degree misdemeanor stalking charge to a third-degree felony.

How Stalking in Bucks County Leads to Protection from Abuse Orders

Apart from the criminal charges individuals face for stalking, there are civil actions. One of the most significant is the PFA—a court order designed to protect victims of domestic violence. Under Pennsylvania law, courts retain power to protect certain people, including:

• Spouses, or persons living as spouses, whether they live together now or did in the past.
• Parents, children, and other persons related by blood or marriage, including persons who share biological parenthood.
• Current or former sexual or intimate partners.

To be eligible to obtain a PFA against another party, petitioners must have been physically abused or be in "real fear" of serious physical abuse because of threats or menace. Additionally, those who have been sexually abused or have been knowingly kept against their will or in isolation.

In Bucks County, petitioners may file PFAs at the Prothonotary's Office of the Bucks County Justice Center located at 100 North Main Street in Doylestown. When someone believes they are being stalked, they must fill out the petition with as much detail as possible, including:

• Dates, times, and locations of incidents.
• Course of conduct descriptions.
• Specific acts of abuse or threats made.
• Physical or psychological injuries sustained.
• List of all parties involved, including witnesses.

When applying for a full order, plaintiffs may seek various types of relief. While the stipulations in the final order will depend on the circumstances of the case, the judge may compel the provisions of the following types of relief from the defendant:

• Evicting the defendant from a residence and granting sole possession to the plaintiff.
• Instituting no-contact orders between the defendant and the plaintiff and shared children.
• Ordering the defendant to cease communicating with the plaintiff's relatives.
• Granting the plaintiff temporary custody of children.
• Compelling law enforcement to confiscate firearms and ammunition from the defendant.
• Ordering the defendant to pay for legal fees, out-of-pocket expenses related to abuse, and spousal or child support.

Temporary Orders

Temporary orders are provided for protection between the time of the initial filing and the formal court hearing. Plaintiffs can seek PFAs on an ex-parte basis, meaning without the party present. Therefore, defendants can be blindsided by allegations, having never known an order was sought. The judge will decide through the information listed on the petition and by testimony from the accusing party at an ex parte hearing.Orders remain in effect until a hearing can commence, which is scheduled within ten business days.

The magisterial judge can also issue an emergency order, but only when two circumstances are present:

1. When a "true emergency" exists
2. When the Court of Common Pleas is not available to hear the petition

Emergency orders expire at the end of the following business day. But in some cases, the Bucks Couty Court of Common Pleas may replace an emergency order with a temporary order subject to a hearing ten business days later.

Protection From Abuse Hearings in Bucks County

Nothing in an order is finalized until a hearing before a Bucks County Court of Common Pleas judge. The petitioner and the defendant can make their case before a legally binding court order is handed down. Given the life-altering consequences of a PFA in relation to a stalking charge, securing experienced legal representation is crucial.

Defending against evidence and testimony from the petitioning party requires scrutinizing the prosecution for inconsistencies and being aware of potential procedural errors. This could manifest in questioning the credibility of witnesses, the legality of evidence collection, and the authenticity or intent of communications. In many cases, the defense can negotiate the terms of the PFA, potentially reducing its duration or scope, which can make compliance more bearable.

It's important to note that criminal charges like stalking and civil actions like PFAs, while separate legal matters, often intersect and influence one another. Statements made during PFA hearings, which are civil proceedings, can be used in criminal cases. While the PFA can include temporary custody arrangements, permanent custody decisions require separate proceedings. Following the hearing, the final PFA order is distributed to relevant parties, such as local law enforcement, the defendant's employer, children's schools, and licensing agencies.

Provisions and Impact of a PFA

The issuance of a PFA can have far-reaching consequences that extend beyond the immediate legal implications. For instance, while a PFA itself is a civil matter, violations are criminal offenses that can lead to a permanent criminal record, affecting many aspects of daily life, such as:

• Employment Challenges: Potential employers may view a PFA unfavorably through background checks or in companies that deal with vulnerable populations. Additionally, professional licensing agencies may suspend or revoke credentials in some instances.
• Housing Difficulties: Being evicted from a shared residence can result in sudden homelessness or the need to find new housing quickly, sometimes with limited resources. Many leasing companies also use background checks to qualify their tenants.
• Reputational Damage: Accusations of stalking and the existence of a PFA can harm personal relationships and standing in the community, leading to social isolation. Defendants may also lose qualifications to help with volunteering or community organizations.
• Loss of Rights: A PFA will also restrict an individual's right to bear firearms. The court will mandate the surrender of any firearms, ammunition, or other weapons under both federal and state law.

Furthermore, defendants are subject to heightened law enforcement scrutiny, making any minor infractions potentially more severe. One of the most common ways to incur additional charges is to violate the terms of a PFA.

What Happens If Defendants Violate a PFA?

Once a Bucks County judge signs a PFA, any departure from its stipulations is a violation. Despite PFAs being a civil process, violations are criminal. Defendants may argue that they lacked intent to violate the order, misunderstood the order, or wanted to challenge the validity of the PFA itself. No matter how unintentional or minor, violations are still taken seriously by the court.

Law enforcement officers have the authority to arrest the defendant without a warrant if they have probable cause to believe that a PFA order has been violated. This can occur even if the violation was not committed in the officer's presence. Violations are considered an indirect criminal contempt of court, typically graded as a second-degree misdemeanor in Pennsylvania.

If the violation involves other criminal acts, such as stalking or harassment, the defendant can face separate criminal charges for those offenses. For example, if a defendant who has a PFA against them is charged with stalking, that would upgrade the severity of the offense from a first-degree misdemeanor to a third-degree felony. Aside from penalties associated with other charges, the punishment for indirect criminal contempt of court includes:

• Fines up to $1,000 for each violation.
• A jail sentence of up to six months for each count of contempt.

In some cases, the court may impose probation instead of or in addition to incarceration. Defendants may also be required to attend domestic violence counseling, anger management programs, or other rehabilitative resources. Among the criminal penalties for violations are effects on existing child custody or visitation schedules.

Can You Modify a PFA?

Either party can petition the court to modify the terms of the PFA order, but any changes must be approved by a judge. No matter how much either party wishes to change the terms, mutual agreements outside the court are not sufficient.

Before the order expires, the petitioner can request an extension if continued protection is necessary due to new incidents of abuse or continued threats. The defendant has the right to appeal the final PFA order within 30 days of issuance, which is reviewed by the Pennsylvania Superior Court.

Your Resource for Bucks County Stalking Charges and Protection From Abuse Orders

Facing criminal stalking charges and the civil PFA process alone is an insurmountable challenge for many. Defendants are often caught off-guard by orders, and even if a temporary order is provided under false accusations, they can have their lives tarnished before they have a chance to defend themselves at a hearing. To keep your life intact, it's advisable to rely on a professional team that is well-versed in how Bucks County addresses PFAs and related charges like stalking.

The LLF Law Firm Team is ready to begin working with you to lay the foundation of a strategic defense. With years of experience assisting Bucks County residents to defend against criminal and civil charges, our team can provide beneficial support in the following ways:

• Strategic Representation: We are known for our robust counsel in Bucks County and throughout Pennsylvania, from the initial petition to appeals.
• Dispute or Modify PFAs: Our team will advise you on how to seek modifications to existing orders and defend your side when the other party requests a change.
• Manage Violations: We will ensure you are informed of the ins and outs of detailed final orders to avoid violations and ensure other parties follow the stipulations without breach.

If you or someone you know is confronting stalking charges or the PFA process, it's imperative to act promptly. Early intervention by our team can make a significant difference in the trajectory of the case and the preservation of personal and professional standing. We understand the gravity of stalking charges and the profound effect PFAs can have on your life and 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 LLF Law Firm now at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.