Being charged with stalking in Erie County, Pennsylvania, is a serious matter. The criminal penalties you may face if convicted can range from fines to substantial jail time. Having a criminal record may negatively impact your ability to secure employment, find housing, and more.
A stalking charge or conviction could also lead to such issues as a Protection from Abuse (PFA) order. If you've been accused of stalking someone, they may seek a PFA to prevent you from being in their proximity, prevent you from seeing your kids, etc. The specific terms of a PFA will depend on the unique factors of a given case.
Regardless if you're facing stalking charges, if someone is seeking a PFA against you or both, we at the LLF Law Firm Criminal Defense Team are prepared to help. Our experience, combined with our understanding of the relevant laws in Erie County, can play critical roles in your case's outcome. Learn more about what our team can do for you by submitting your case information via our online contact form or by calling our offices today at 888-535-3686.
Pennsylvania's Stalking Laws
Pennsylvania's anti-stalking law explains that stalking involves EITHER of the following:
- Engaging in a course of conduct (such as repeatedly following someone without the proper authority to do so) in a manner or under circumstances that indicate an intention to cause someone to experience substantial emotional distress or to cause someone to experience a reasonable fear of bodily injury, OR
- Engaging in a course of conduct that may involve repeatedly communicating (or attempting to communicate) with another person in a manner or under circumstances that indicate an intention to cause someone to experience emotional distress or fear of bodily injury
A review of the law indicates certain elements can play critical roles in determining whether someone's behavior qualifies as stalking. Consider the following points:
- Course of conduct: Stalking may involve a behavioral pattern consisting of multiple acts that suggest they serve the same overall purpose.
- Repeated acts: Stalking may involve two or more acts that are essentially the same and indicate an overall course of conduct or purpose.
- Intent: The prosecution needs to demonstrate that someone accused of stalking engaged in a course of conduct or repeated acts with a genuine intention of causing emotional distress or fear of bodily injury.
For example, someone might be accused of stalking if they repeatedly contact their ex, causing their ex emotional distress accordingly. However, the prosecution might not have a strong case if the evidence doesn't suggest the individual accused of stalking intended to cause distress (or even understood the distress they were causing).
That's just one example. At the LLF Law Firm, attorneys with our Criminal Defense Team will review your case and offer a defense tailored to your specific needs.
The Potential Penalties of Violating Stalking Laws in Erie County, PA
Typically, the grading for a first stalking offense in the Commonwealth is a misdemeanor of the first degree. The potential legal penalties someone may face if convicted of a misdemeanor of the first degree for stalking are:
- A fine of up to $10,000
- Up to five years in prison
Depending on the circumstances, someone convicted of a stalking charge in Erie County may also have to pay restitution to their victims.
There are scenarios when a first stalking offense may be graded as a felony of the third degree. This may occur if a defendant has previously been convicted of a crime of violence that involved the same victim or family/household member they're accused of stalking. Examples of “crimes of violence” in this context include (but aren't limited to):
- Simple assault
- Aggravated assault
- Recklessly endangering another person
- Strangulation
- Kidnapping
- Rape
- Involuntary deviate sexual intercourse
- Violation of a protective order or relief order
Similarly, someone may be convicted of a felony of the third degree if this is their second or subsequent stalking offense. The potential penalties for a felony of the third degree are:
- A fine of up to $15,000
- Up to seven years in prison
Any conviction of stalking can also result in stigma that may negatively affect everything from someone's employability to their personal relationships. At the LLF Law Firm, attorneys with our Criminal Defense Team are on hand to help you fight back against such charges.
Stalking Charges Can Result in a Protection From Abuse Order in Erie County
The criminal penalties resulting from a stalking conviction in Erie County aren't the only potential consequences someone may face when charged with stalking. An alleged victim can also proceed with a civil action by seeking a PFA.
Per the Erie County Family Court, anyone in the county can seek to obtain a PFA against the following:
- Anyone related to them by blood or marriage
- Anyone related to them biologically or legally
- Anyone with whom they have had an intimate sexual relationship
Someone must present evidence indicating a PFA is necessary for a judge to decide to issue one. If they're seeking a PFA against someone who's been charged with or convicted of stalking, said charges or conviction could potentially serve as valid evidence.
How Temporary PFAs Work in Pennsylvania
When someone seeks a PFA in Erie County, the process generally involves these steps:
- Filing a written petition with the court in which they state the facts of the case
- Appearing before a judge and testifying under oath about the facts of the case
- Often, answering questions (while under oath) about such topics as whether one fears for their safety, wishes for the alleged abuser to be kept away from their home, etc.
The judge will issue a temporary PFA if they are satisfied with a petition and the accompanying statements/testimony. The PFA order will include a date and time for a final PFA hearing, which the individual seeking a PFA must attend.
The local Sheriff will also receive a copy of the petition and temporary PFA. The Sheriff's office is responsible for serving the alleged abuser with the temporary PFA so that they understand its terms and are informed of a final PFA hearing.
A temporary PFA remains in effect until the outcome of a final hearing, during which a judge will decide whether to issue a final PFA order. The hearing date will usually be no later than 10 days after the judge issues the temporary PFA. The temporary PFA expires after 10 days unless a judge grants an extension.
The Protection From Abuse Order Hearing in Erie County
When someone appears before a judge requesting a temporary PFA, only they and the witnesses they present can make statements. The final PFA hearing gives the alleged abuser the opportunity to respond to the allegations. During a final PFA hearing, an alleged abuser has the right to:
- Be represented by an attorney
- Cross-examine the alleged victim
- Cross-examine the alleged victim's witnesses
- Present their own witnesses
Attending the final PFA hearing is very important if you've been served with a temporary PFA order. Failure to do so could result in the judge deciding against you.
A final PFA will establish long-term conditions by which an alleged abuser must abide. Non-compliance with these terms can result in additional legal trouble.
Technically, a final PFA can remain in effect for up to 36 months. However, the judge can extend the final PFA for various reasons, meaning its terms and conditions could stay in effect for longer than three years.
It's essential that you take the time provided to you before a final hearing to prepare accordingly. Luckily, this isn't a task you need to handle on your own.
Our Criminal Defense Team at the LLF Law Firm can assist you with everything from cross-examining witnesses to presenting evidence. The sooner you contact us, the sooner we can begin working on your defense.
The Impact and Implications of a PFA
The Erie County Family Court specifies that a PFA can impose such restrictions as:
- Prohibiting someone from continuing to engage in harassment of an alleged victim and/or their minor children
- Requiring someone to stay away from the home of the alleged victim, even if they share a home (meaning a PFA can require someone to find a new place to live)
- Requiring someone to stay away from an alleged victim's workplace and/or school
- Prohibiting someone from owning firearms and/or having firearm permits
A PFA can also include such requirements or conditions as:
- Granting child custody to an alleged victim
- Requiring someone to financially compensate an alleged victim for their losses
- Granting temporary support to an alleged victim and their children if they share children with their alleged abuser
Be aware that not all PFAs can have the same impact. For example, both a temporary and final PFA can require an alleged abuser to stay away from an alleged victim's home. However, only a final PFA can influence custody orders.
The Consequences of Violating a PFA in Erie County
If an alleged victim obtains a final PFA against someone, it's very important that the alleged abuser complies with all the terms of the PFA. According to the Erie County Family Court, if an alleged abuser violates a PFA in any capacity, the person who initially sought the PFA can report the violation to the local police.
The police may then arrest the alleged abuser for contempt. If they do so, they'll bring the alleged abuser before a Magisterial District Judge. The judge will set bail. The alleged abuser will also typically have to participate in a hearing before the judge at the courthouse.
The penalties someone may face if they're convicted of contempt for violating a PFA are either:
- A minimum fine of $300 and a maximum fine of $1,000, and imprisonment of up to six months, OR
- A minimum fine of $300 and a maximum fine of $1,000, and supervised probation to last no longer than six months
Penalties may also include an order for relief if applicable. If you're facing a PFA, we'll help you understand its terms so that you don't run the risk of accidentally violating the order. If you've been accused of violating a PFA that was already issued against you, our Criminal Defense Team is ready to hear about your case.
It's Possible to Modify a Protection From Abuse Order
Either party can file a petition with the court in Erie County that issued the PFA if they wish to request a modification. It's vital to understand that a PFA and its original terms will remain in effect unless a court officially grants a modification.
For example, maybe a PFA states an alleged abuser must stay away from someone's home. However, over time, perhaps the two parties make amends, and the alleged victim begins allowing the other individual to visit them at their home once again.
The fact that both parties have arrived at an informal agreement in these circumstances doesn't render the PFA unenforceable. That means an alleged abuser can still be charged with contempt for violating a PFA, even if the person who originally obtained the PFA against them has changed their mind about certain of its conditions.
No matter what the other party says, always abide by the terms of a PFA. If you've been accused of violating a PFA without a proper modification, our LLF Law Firm Criminal Defense Team can provide legal assistance.
Potential Defenses in a Stalking Case in Erie County, PA
Our experience at the LLF Law Firm Criminal Defense Team has taught our attorneys that no two cases are exactly alike. We keep this in mind whenever we work on a client's defense strategy. The best way to understand how we may handle your case is to review it with a member of our team so we can account for the unique factors your case involves.
That said, the following examples of common defense strategies in these types of cases may give you a sense of how we might approach stalking charges:
- No course of conduct or repeated behavior: We may argue that a client isn't guilty of stalking because their behavior wasn't repeated or wasn't part of an overall course of conduct.
- No intent: Remember, the prosecution must show that an alleged stalker intended to cause reasonable fear for a victim's safety or significant emotional distress. A potential defense could involve demonstrating how a client didn't intend to cause these reactions.
- Interactions served a legitimate purpose: It's sometimes possible to effectively defend someone accused of stalking even if they repeatedly contacted or had interactions with an alleged victim. For example, we could show that these interactions served a legitimate purpose, as might be the case among work colleagues, partners who share children together, etc.
- A client has an alibi: There are various reasons why someone may falsely accuse another of stalking. A common example may be someone accusing a partner or former partner of stalking in an effort to influence the outcome of a custody battle or similar legal issue. Regardless, if a client is potentially the victim of false accusations and has an alibi, we can help them gather evidence to prove their alibi. Similarly, we can challenge the evidence against a client, identify weaknesses in the case against them, etc.
- Mistaken identity: There are instances in which someone accused of stalking may have been mistaken for someone else. If this has happened to a client of ours, much like we can help them present an alibi, we can help a client show why their accuser has mistaken them for another person or been misled to believe the incorrect individual is stalking them.
- Self-defense: Although such cases are rare, sometimes, a person accused of stalking was actually engaging in behavior that constitutes self-defense given the unique context or scenario they found themselves in. For example, maybe a client of ours was keeping tabs on someone because they had a legitimate reason to believe said person would harm them first otherwise. Although it's always better to operate within the law and seek a PFA if you think someone else is going to harm you, you might avoid a stalking conviction if we can show your behavior was a result of your own genuine concerns for your safety.
Again, those are just examples. We'll review your case and implement a defense strategy that aligns with your circumstances.
Facing Stalking Charges or a Protection From Abuse Order in Erie County? Contact the LLF Law Firm Today
Whether you're facing stalking charges, a PFA, or both in Erie County, PA, taking the matter seriously by enlisting the help of qualified legal professionals is one of the most important steps to take right now. The decisions you make now could have significant implications for the rest of your life.
At the LLF Law Firm, serving clients throughout Erie County, our Criminal Defense Team will protect your rights—and your future. Get started today by calling our offices at 888-535-3686 or submitting your information online.
