Stalking Charges and Protection From Abuse Orders in Chester County

Stalking charges and Protection From Abuse (PFA) orders are serious legal matters in Chester County, Pennsylvania, that can profoundly impact the lives of those accused. Not only do these issues often intersect with family law and criminal proceedings, creating complex legal situations for defendants to navigate, but they can also cause a myriad of consequences for the individual accused.

Defendants in these cases should be aware that even seemingly minor actions, such as sending a text message or making a social media post, can be considered stalking or a violation of a PFA. Given the serious consequences and complex nature of legal matters, it is essential for defendants to seek experienced legal representation to navigate the Chester County court system effectively and protect their rights.

The LLF Law Firm Criminal Defense Team understands how overwhelming these charges can be and will do everything in its power to get you the best possible outcome. Call 888-535-3686 today for help or schedule a confidential consultation online.

Attempting to defend yourself from a stalking charge or PFA order in Chester County can be incredibly difficult. Once a judge grants a PFA order, you will likely:

• Be prohibited from contacting the person who filed the PFA, even through third parties, like family and friends.
• Excluded from the residence via court order. This may occur even if your name is on the deed or lease or if you pay for it.
• Award temporary custody of your shared children to the plaintiff and input child or spousal support obligations for you to fulfill.
• Cause some employers and law enforcement to keep an eye on you.

Furthermore, PFA orders are valid for up to three years. A strategic and competitive defense is the only way to ensure you are not unnecessarily punished. The LLF Law Firm can help.

Stalking Laws in Pennsylvania

Pennsylvania classifies stalking as any behavior or act a person engages in repeatedly toward another person in a situation that shows either:

1. An intent to cause the other person substantial emotional distress or
2. An intent to put that person in reasonable fear of bodily injury.

PA state legislation goes on to clarify the following definitions for courts considering stalking allegations.

• Course of Conduct: This is a pattern of behavior and actions that proves the defendant had a consistent purpose for behavior and acting that way.
• Repeated Acts: Two or more actions that prove a continuousness of the conduct.
• Intent: The defendant intended to commit the alleged act to cause emotional distress and fear of bodily injury.
• Emotional Distress: Temporary or permanent mental torment.

In Chester County, stalking is considered a more severe offense than harassment, requiring a repeated course of conduct that causes a person to feel threatened. Stalking charges can stem from various behaviors, including physical following, social media monitoring, or other actions that create a pattern of intimidation. On the other hand, harassment is typically viewed as a lower-level offense involving isolated incidents of inappropriate behavior.

If an individual is accused of a first-time offense, they are likely being charged with a misdemeanor. However, the Chester County criminal justice system can review the accusations and inflate the stalking charge under certain circumstances. For instance, if this is a defendant's second offense, they will probably be charged with a felony.

Felony charges may also be applied if any of the following charges are associated with this incident:

• Rape
• Involuntary deviant sexual intercourse
• Kidnapping
• Reckless endangerment
• Simple or aggravated assault
• Violation of a protective order (or PFA)

Grading Criminal Stalking Charges

In Pennsylvania, the classification of stalking offenses is determined by the gravity of the act and any previous convictions. First-time offenders typically face a first-degree misdemeanor charge, which carries a potential sentence of up to five years in prison and fines of up to $10,000.

The stakes increase significantly for repeat offenders, particularly if the victim or their family members have been targeted before. In such cases, the charge is elevated to a third-degree felony, with penalties becoming more severe. Convicted felony stalkers may face up to seven years behind bars and be required to pay fines of up to $15,000.

It is crucial to understand that stalking charges rarely stand alone. They often come together with other related offenses, compounding the legal predicament for the accused. Pennsylvania law also addresses “seriously disparaging” statements about an accuser's child that are likely to cause substantial emotional distress resulting in physical manifestations.

In many stalking cases, the accused may also face charges of making terroristic threats. PA state law specifies that such threats must be intended to terrorize or cause the evacuation of a building, public facility, or place of assembly.

While misunderstandings or statements taken out of context can sometimes lead to accusations of extremely ruinous remarks or even terroristic threats, the consequences remain severe. In Chester County, an initial first-degree misdemeanor stalking charge can be inflated to a third-degree felony, underscoring the gravity with which these offenses are treated in the Pennsylvania legal system.

How Stalking in Chester County Leads to Protection from Abuse Orders

Separate from criminal charges that defendants accused of stalking face, they may also be ordered to follow certain civil actions, including Protection from Abuse orders. PFA orders, commonly called “restraining orders,” are civil orders designed to protect individuals from domestic violence, harassment, or threats of harm. Individuals that can be protected by a PFA order include:

• People living as spouses or legally married couples, whether they currently live together or did live together in the past.
• People related by blood or marriage, including parents, children, and individuals who share biological parents.
• Intimate or sexual partners, both current and past partners.

For an individual in Pennsylvania to be eligible for a PFA, they must have been physically abused or in fear of serious physical abuse because the alleged abuser has made threats or acted dangerously. PFAs are also available for individuals who have been sexually abused or have been knowingly kept against their will or in isolation by the defendant.

In Chester County, PFA petitions may be filed at the Chester County Justice Center at 201 West Market Street in West Chester, Pennsylvania. If a petitioner believes they are being stalked, they must include as much detail as possible in their petition, such as:

• A list of all the parties involved with the incidents, including witnesses.
• All the injuries allegedly sustained, both physical and psychological.
• Specific threats or acts of abuse were made.
• Descriptions of the course of conduct.
• Locations, times, and dates of alleged incidents.

Plaintiffs looking for a full order of protection can request different kinds of help. However, the exact stipulations will depend on the specific circumstances of this case, though the judge may require the defendant to abide by one or more of the following types of relief:

• Requiring the defendant to pay for the petitioner's legal fees, out-of-pocket expenses related to the abuse, and child support or spousal support.
• Giving the petitioner temporary custody of their children.
• Having law enforcement remove any firearms and ammunition the defendant has in their residence or possession.
• Requiring the defendant to stop communicating with the petitioner's relatives.
• Removing the defendant from the residence and giving it to the petitioner.
• Establishing no-contact orders between the defendant and the petitioner and their shared children.

Temporary Orders

Pennsylvania temporary PFAs are given to petitioners to protect them from the defendant while they are waiting for a formal court hearing to decide on the permanent PFA requested. Petitioners can ask for a PFA on an ex-parte basis, so the defendant does not have to be there at that initial request. As such, defendants can easily be blindsided by allegations of stalking or other abuse.

During the temporary PFA hearing, the judge overseeing it will decide if a formal hearing should be scheduled after reviewing the petition and the petitioner's testimony. If they decide that a temporary order should be implemented, it will remain in effect until the formal hearing starts. Formal hearings must be scheduled within ten business days of this initial meeting.

Additionally, at temporary PFA hearings, if the magisterial judge believes a true emergency exists and the Court of Common Pleas is not available to hear the petition, they can issue an emergency order. Emergency orders expire at the end of the next business day, but the Court of Common Pleas may replace it with a temporary order if they hear it ten days later.

Protection from Abuse Hearings in Chester County

A PFA is not finalized until the Chester County Court of Common Pleas hears it. Once a formal PFA hearing begins, both the petitioner and the defendant will have a chance to present their arguments, witnesses, and evidence. Because PFAs have the potential to affect every aspect of your life, it is crucial to seek competent and experienced legal representation the moment you learn of these accusations.

To efficiently and successfully defend against the petitioner's evidence and witness testimony, you need to focus on dissecting the prosecution's case for inconsistencies and looking for potential procedural errors that might allow a case dismissal. Any of these issues can crop up throughout the case, including the witnesses' credibility, the legality of the evidence presented, and the authenticity of the communications produced. A strong criminal defense attorney will work diligently to negotiate the terms of the PFA and potentially get its duration or scope reduced, which can make it easier to comply with.

Though criminal charges, like stalking, and civil actions, like PFAs, are separate legal matters, they can intersect and influence one another. For example, statements made during a PFA hearing can be used in a criminal case. The PFA can also include temporary custody arrangements, requiring a separate proceeding to finalize permanently.

Once the PFA is ordered, it will be distributed to all parties, like your employer, children's schools, licensing agencies, and local law enforcement. Further, these orders can last up to three years. So, putting your best defense forward is the only way to ensure you are not being punished unnecessarily.

Provisions and Impact of a PFA

Being given a PFA can have a disastrous impact on a defendant's life entire life, both personally and professionally. For example, any violation of a PFA will result in a criminal charge that can lead to a criminal record, which will affect several areas of your life, including you:

• Reputation Issues: Defendants accused of stalking who are given a PFA may find their relationships and standing in their community damaged. Moreover, they may forfeit their volunteering or participation in community organizations.
• Loss of Rights: Having a PFA ordered against a defendant can restrict their right to bear firearms. The court will often require the defendant to surrender any firearms, ammunition, or other weapons.
• Housing Issues: Many PFA orders will require the defendant to move out of their shared residence, which means they will have to find a new place to live rather quickly. When looking for a new place to live, the leasing company will likely run a background check and see the criminal report against the defendant, making it harder to qualify. These kinds of housing issues can quickly result in homelessness.
• Employment Problems: Employers typically run background checks on their potential hires. Depending on the work a defendant is trying to get, they may be barred from being hired because of their PFA. Additionally, if the defendant has a professional license, their licensing agency may use the PFA to suspend or revoke their credentials.

Once a PFA order is issued, the defendant's actions will be severely scrutinized. So, any minor incident can result in severe punishment or overreaching consequences.

What Happens if Defendants Violate a PFA?

If a defendant violates the obligations ordered in the PFA, law enforcement officers can arrest them. Moreover, law enforcement has the authority to arrest a defendant without a warrant if they have probable cause to believe the PFA was violated, even if the alleged violation did not happen in front of them.

PFA violations are usually categorized as second-degree misdemeanors in Pennsylvania because they are considered indirect criminal contempt of court. The punishment for indirect criminal contempt of court includes a fine of up to $1,0000 and jail for up to six months per violation. However, some courts may impose probation instead of incarceration, and others may add probation to the jail sentence. In other cases, the defendant may be required to participate in certain rehabilitative services, like anger management programs and domestic violence counseling.

Moreover, if the alleged violation involves another criminal act, like harassment or stalking, the defendant can face separate, additional criminal charges. For instance, if a defendant is charged with stalking and currently has a PFA order issued against them, the offense would move from a first-degree misdemeanor to a third-degree felony.

Can You Modify a PFA?

When it comes to a PFA, either party can petition the court to modify its terms. However, the judge must approve these changes. So, even if both parties want to change the terms, agreeing outside of court is invalid. It has to go through the court to be valid.

To get the order continued, the petitioner must make that request before the order expires. They also need to show that continued protection is necessary because there have been new incidents of abuse or continued threats. The defendant can appeal the final PFA order to the Pennsylvania Superior Court within 30 days of it being issued.

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

For those facing stalking charges or PFA orders in Chester County, understanding the legal process is crucial. The burden of proof in PFA hearings is lower than in criminal cases, making it easier for plaintiffs to obtain these orders. Violations of PFAs can result in criminal charges, including potential jail time and fines, and other significant consequences, including eviction from shared residences, temporary loss of child custody, and restrictions on firearm possession.

The LLF Law Firm Criminal Defense Team is here to help when you learn of these accusations. They will work diligently to:

• Provide strategic representation for your PFA and criminal charges defense.
• Modify or dispute current PFAs and defend you when the petitioner requests a modification to the PFA.
• Manage your violations by ensuring you are informed on what is going on with your case, how the final orders will impact you, and how to avoid violations of the PFA.

If you or someone you know has been accused of stalking with a PFA order against them or is awaiting the PFA process, the LLF Law Firm can help. Early intervention is the best way to ensure you get the best possible outcome for your case. Call the LLF Law Firm now at 888-535-3686 today or fill out our confidential consultation form.