Stalking is a serious crime in Pennsylvania. If you're facing stalking charges, the potential penalties could affect your freedom, finances, personal relationships, and more.
Additionally, if someone has accused you of stalking in Butler County, they might seek a Protection From Abuse (PFA) order against you. Although the terms of PFAs can vary based on the specific details of individual circumstances, they can generally impose numerous restrictions on a defendant's ability to contact or be around an alleged stalking victim.
The fact that someone has petitioned the court for a PFA against you doesn't mean the court will definitely grant their request. Even if the court has already granted a PFA, you may petition the court to modify it. In addition, you might face additional penalties if you've been accused of violating the terms of an existing PFA.
Whether you need to dispute a petition for a PFA, request a modification, or present a defense when you've been accused of violating a PFA, our Criminal Defense Team at the LLF Law Firm can help. Offering stalking criminal defense services throughout Butler County and the surrounding areas, we're prepared to offer vital assistance during this challenging time. Learn more about how we may help with your case by contacting us through our online form or by calling our offices today at 888-535-3686.
Pennsylvania's Stalking Laws
Under Pennsylvania law, stalking occurs when someone engages in EITHER of the following:
- A course of conduct or repeated acts toward someone which, given the circumstances, appear to demonstrate an intent to cause someone to experience reasonable fear of bodily injury or substantial emotional distress
- A course of conduct or repeated communication with someone which, given the circumstances, appears to demonstrate an intent to cause someone to experience reasonable fear of bodily injury or substantial emotional distress
The burden of proof is on the prosecution to show that a defendant's behavior meets the criteria necessary to qualify as stalking in Butler County. They need to prove the following elements to show that stalking has occurred:
- An alleged stalker engaged in a pattern of behavior (in other words, their behavior wasn't a “one-off” incident).
- The defendant intended to cause an alleged victim to experience reasonable fear of bodily injury and/or significant emotional distress.
Various activities may qualify as a course of conduct or pattern of behavior that constitutes stalking. Examples include:
- Repeatedly following someone with authorization or a valid, legal reason to do so
- Engaging in repeated surveillance of someone without a valid, legal reason to do so
- Repeated unwanted communication, particularly when the alleged victim of stalking has repeatedly indicated a desire for the communication to stop
- Making threats
Those are just a few examples. At the LLF Law Firm, our Criminal Defense Team can review the specific accusations that have been made against you to help you better understand the strengths and weaknesses of a case.
The Potential Criminal Penalties of Stalking Charges
A first stalking offense in Butler County is usually graded as a misdemeanor of the first degree. For a misdemeanor of the first degree, a defendant may be fined up to $10,000. They may also face up to five years imprisonment. Depending on the circumstances, someone convicted of stalking in Pennsylvania might be required to pay restitution to a victim as well.
There are also factors that can affect the grading of stalking charges in a way that's not favorable to a defendant. Although a misdemeanor of the first degree is already a serious conviction, someone accused of stalking may face a felony of the third degree conviction if any of the following apply:
- This isn't a first offense.
- A defendant has already been convicted of a crime of violence involving the same alleged victim.
- The alleged victim has already secured a PFA against the defendant.
If a defendant is convicted of a felony of the third degree, they may face penalties that could include a fine of up to $15,000 and up to seven years imprisonment.
That's not to mention the “unofficial” consequences that can follow a conviction. For example, being convicted of stalking or having a PFA issued against you can negatively affect certain personal relationships. It might also prevent a defendant from securing certain forms of employment.
Don't let accusations derail your life. If someone has accused you of stalking or is seeking a PFA against you in Butler County, our LLF Law Firm Criminal Defense Team is on hand to help with your case.
A Butler County Stalking Case Can Result in a Protection From Abuse Order
Someone who believes (or claims to believe) they're being stalked in Butler County, PA, could theoretically protect themselves by petitioning the court for a PFA. To do so, they must establish that they have a current or former relationship with their alleged stalker. Examples of individuals who may seek PFAs include:
- Spouses and ex-spouses (or those who have lived with an alleged stalker in a manner similar to a spouse)
- Current or former intimate partners
- Parents
- Children
- Siblings
A minor may not file for a PFA themselves. A parent or guardian must file on their behalf.
The Domestic Relations section of the Butler County Family Court handles PFA requests. It's located at:
124 W Diamond Street
Floor L
Butler, PA 16003
Someone petitioning the court for a PFA may arrive during operating hours to complete the initial process. At this stage, the court is likely to grant a request for a temporary PFA. This will typically remain in effect until the date of a final PFA hearing, of which a defendant will receive notice. A final PFA hearing should usually be no more than 10 days from when the court issued the temporary PFA.
Note that an alleged victim can file for a temporary PFA “ex parte,” meaning their alleged stalker doesn't have to be present. In other words, you likely won't have the chance to defend yourself when someone seeks a temporary PFA.
What a Temporary PFA Achieves in Butler County, PA
The deputy sheriff or another such party will usually provide a defendant with notice when someone has secured a temporary PFA against them. The specific terms of a temporary PFA can vary on a case-by-case basis.
The terms will generally prohibit a defendant from engaging in the course of conduct that allegedly caused someone to seek a PFA in the first place. Review the terms of a temporary PFA order carefully if you receive notice of a hearing. If you violate the terms, you may face additional consequences. Additionally, the terms of the temporary PFA can provide information regarding what the terms of a final PFA may consist of.
The Butler County Protection From Abuse Order Hearing
A temporary PFA is only in effect for 10 days, or until the final hearing occurs (if earlier). During a hearing, an alleged victim has the chance to present their case and explain why they believe a final PFA is necessary.
A defendant also has the chance to present a case during a hearing. This isn't a process you should face by yourself. At the LLF Law Firm Criminal Defense Team, we can represent you, arguing why the court shouldn't grant a PFA request.
What a PFA Can Do in Pennsylvania
Again, the terms of a PFA will depend on the nuances of a case. Examples of restrictions, limitations, and requirements a PFA may impose include:
- Requiring a defendant to maintain a certain distance from an alleged victim (which could require them to move if they share a home)
- Prohibiting a defendant from owning firearms, and potentially requiring them to relinquish any firearms
- Restrictions or limitations on child custody
Those are just examples. As with a conviction, a PFA can also have indirect consequences, such as harming someone's reputation, preventing them from finding housing, and affecting employment prospects. Guard against these outcomes with help from our LLF Law Firm Criminal Defense Team.
The Consequences of Violating a PFA
Violating the terms of a PFA qualifies as indirect criminal contempt of court in Butler County. The potential consequences of a violation include a fine of up to $1,000 for each violation, and imprisonment of up to six months for each count of contempt.
Even if someone who's secured a PFA against you says they're “okay” with you violating the order in some capacity (such as by inviting you into their home when a PFA says you can't be there), the order remains in effect. Thus, you could be arrested and charged regardless of whether the alleged victim consents to a violation.
Modifying a PFA in Butler County
Either party can petition the court that issued the PFA to modify it. If someone has obtained a PFA against you, you might be able to show why it should be modified based on a change in circumstances. We can help you request a modification.
Get Help When Facing Stalking Charges and the PFA Process in Butler County, PA
Being accused of stalking is already a stressful experience. If your accuser is seeking a PFA, you may also worry about the potential impact on your life if a judge approves their request.
Facing this experience alone isn't necessary. At the LLF Law Firm Criminal Defense Team, we can provide assistance in the following critical ways:
- Defending you and presenting your case when someone petitions the court for a PFA against you
- Providing representation if you wish to dispute or modify an existing PFA
- Defending you if you've been accused of violating an existing PFA's terms
Keep in mind that the PFA process can move very swiftly. The sooner you contact us, the sooner we can begin building a strategic case. Get started today by submitting your information through our online contact form or by calling our offices at 888-535-3686.
