Being accused of stalking in Franklin County, Pennsylvania, can leave you facing significant criminal penalties. If you're facing stalking charges, an alleged victim might also take civil actions against you. A common example involves an accuser asking the court to issue a Protection from Abuse Order (PFA) against an alleged stalker.
The potential impacts of an PFA on someone's life can be substantial. They may include (but aren't necessarily limited to):
- Requiring an alleged stalker to refrain from seeing or contacting an alleged victim
- Awarding child custody to an accuser
- Requiring an alleged stalker to vacate the premises if they live with their abuser
- Prohibiting an alleged stalker from owning firearms
Just as you should hire an attorney to defend you in a criminal case, you'll also benefit substantially from legal help when someone is seeking a PFA against you in Franklin County. At the LLF Law Firm Criminal Defense Team, handling stalking and PFA cases throughout Franklin County, we'll ensure you have proper representation when you've been accused of stalking. Learn more about how we may handle a case like yours by submitting your information via our online contact form or by calling our offices at 888-535-3686 today.
Pennsylvania's Stalking Laws
Pennsylvania law defines stalking as engaging in either of the following:
- A course of conduct or repeated acts (such as following someone without their permission or a valid reason to do so) that demonstrate an intent to either cause someone to reasonably fear bodily injury or to experience substantial emotional distress
- A course of repeated communication with someone that demonstrates an intent to either cause them to reasonably fear bodily injury or experience substantial emotional distress
The legal definition shows that certain points must be proven for a jury to convict someone of stalking in Pennsylvania. They include:
- That the behavior of a defendant represents a course of conduct or repeated acts, and isn't just a “one-off” instance
- That an alleged victim genuinely had a reasonable fear of bodily injury or experienced significant emotional distress
- That a defendant engaged in stalking behaviors with the intent of causing fear or emotional distress
The above points hint at some of the various defense strategies lawyers might use in this type of case. For example, our attorneys could show that the behavior you're accused of doesn't represent a course of conduct or repeated acts. Or, we might show that you didn't intend to cause fear or distress, which could thus serve as the foundation for an argument that stalking never truly occurred.
The Potential Criminal Penalties of Stalking Charges in Franklin County, PA
Someone convicted of stalking in Pennsylvania will usually be convicted of a misdemeanor of the first degree if this is their first stalking charge. However, other factors can influence sentencing, such as:
- Whether someone has been convicted of stalking or a similar charge before
- Whether there is an existing PFA against someone
- Whether there were any associated charges, like assault, reckless endangerment, kidnapping, etc.
The maximum sentence for a misdemeanor of the first degree in PA is imprisonment of up to five years and a fine of up to $10,000. However, as indicated, various factors can determine the specific penalties someone accused of stalking may face.
How Stalking Allegations Can Lead to Protection from Abuse Orders in Franklin County
The criminal penalties of stalking charges aren't necessarily the only consequences someone may face when accused of stalking in Franklin County, PA. There are various civil actions an alleged victim can take against an alleged stalker as well. Asking the court to issue a PFA is a common example.
In Franklin County, someone may request a PFA against another individual if they have any of the following types of relationships with them:
- Spouse
- Living as a spouse with someone (whether currently or in the past)
- Sexual or intimate partner (whether current or former)
- Blood-related family or household member
- Family or household member related through marriage or affinity
- Parent
- Child
- Sibling
Victims must be 18 years of age or older to file for PFAs in Franklin County. An adult will have to file on behalf of an alleged victim who is under 18.
Franklin County allows alleged victims to request PFAs for any of the following types of abuse:
- Physical
- Sexual
- Psychological
Stalking can likely qualify as psychological abuse in most cases. Depending on the specific circumstances, it may also qualify as physical and/or sexual abuse. As Franklin County's overview of the PFA process explains, for someone to qualify for a PFA, they must have either been the victim of actual physical abuse or they must have a reasonable fear of being a victim.
The process of requesting a PFA involves:
- Completing the relevant form
- Submitting the form to the prothonotary's office of the Franklin County Courthouse at 14 N Main St, Chambersburg, PA 17201
The court will schedule an “ex parte” hearing on the matter when an alleged victim files a petition. This is an initial hearing in which the individual accused of stalking isn't present.
Typically, the judge will issue a temporary PFA at the conclusion of this hearing if the information they receive indicates a potential victim could be in actual danger. This PFA will remain in effect until the court decides whether to issue a final PFA.
A Magisterial District Judge can also issue an emergency order when the Court of Common Pleas is unavailable to hear a case. However, the court will only issue an emergency PFA when an alleged victim can provide evidence showing a genuine emergency situation exists.
Protection from Abuse Hearings in Franklin County
An official hearing involving both the alleged victim and their alleged stalker must occur before the court can determine whether to issue a final PFA in Franklin County. This hearing will usually take place no later than 10 business days following the issuance of the original temporary PFA.
The person accused of stalking will receive notice of the hearing, as well as information about the temporary PFA the court has issued against them. It's very important that they review this information carefully and abide by its terms thoroughly. Although it can be tempting to reach out to an accuser when they're requesting a PFA, doing so is likely to get someone into even greater trouble.
They should instead use this time to prepare for the hearing. During the hearing, they'll have the opportunity to represent themselves and challenge the evidence their accuser presents against them. Legal professionals who understand how these hearings play out can assist with this process.
The Terms, Conditions, and Potential Impact of a PFA
Someone asking for a PFA because of alleged stalking in Franklin County, PA, can request a variety of different forms of relief. Because of this, the specific provisions of a PFA can vary depending on the details of a case.
According to Franklin County's own information, forms of protection someone can ask for when requesting a PFA include:
- Protection from stalking, threats, abuse, and/or harassment
- Eviction, if an alleged victim lives with their alleged abuser
- Prohibiting a defendant from having any contact with an alleged victim, their children, and/or any incompetent adults for whom they are responsible
- Prohibiting a defendant from harassing the relatives of an alleged victim
- Granting an alleged victim temporary custody of any children they have with the defendant
- If a defendant has a duty to provide an alleged victim and their children with financial support, ordering them to do so
- Requiring a defendant to surrender any firearms or similar weapons to law enforcement
- Requiring a defendant to reimburse an alleged victim for any out-of-pocket expenses they may have incurred as a result of the alleged abuse/stalking
- Ordering a defendant to pay an alleged victim's legal fees
A PFA can do more than simply require someone to abide by the above types of terms. It can affect their life in many ways, such as:
- Limiting employment prospects: Depending on the line of work someone is in, having a PFA issued against them could make it difficult for them to secure employment.
- Straining relationships with friends, family members, colleagues, etc.: If others learn that someone has had a PFA issued against them, it could negatively impact their relationships.
- Housing issues: Again, if an alleged stalker lives with their accuser, and the accused successfully requests a PFA against them, it can result in the alleged stalker being evicted from their home. This may leave them in urgent need of housing. However, it's not uncommon for landlords to conduct background checks to screen potential tenants. A landlord may be hesitant to rent to someone who has had a PFA issued against them.
Defendants who've had PFAs issued against them may also experience higher-than-average degrees of law enforcement scrutiny in various situations. This could increase their odds of getting into future trouble.
Potential Consequences for Violating a PFA in Pennsylvania
Someone accused of stalking may be understandably angry or frustrated upon learning the conditions of a PFA that's been issued against them. That said, it's critical that they control their emotional response and act rationally, abiding by the order's terms completely and thoroughly.
Violating the terms of a Franklin County PFA is considered indirect criminal contempt of court. The potential consequences for a conviction include:
- A fine of $300 to $1,000, and up to six months imprisonment, OR
- A fine of $300 to $1,000, and up to six months of supervised probation
Depending on the details of a case, a conviction can also include orders for other terms of relief. A legal professional can explain the specific penalties a defendant may face upon reviewing the case against them.
Modifying a Franklin County PFA
There are various reasons to modify an existing PFA order. For example, maybe an alleged victim and the defendant have genuinely mended their relationship. Even if the relationship may no longer take the form it once did, the two may agree that the prohibitions and terms of the PFA no longer need to remain in effect.
Either party can petition the court to modify a PFA it's already been issued. However, until the court officially issues a modification, the original PFA remains in effect.
It doesn't matter whether an alleged victim and defendant informally agree that a modification is appropriate. Until the modification becomes legally official, a defendant can still get in legal trouble for violating a PFA's terms, even if the other party said they were “okay” with it.
That said, not everyone who requests a PFA modification does so with the cooperation of the other party. Someone may independently request a modification they believe is necessary, even if the other party disagrees.
Submitting a request for a modification in these circumstances requires providing the court with evidence showing such a modification is justified. Gathering and presenting such evidence is another task that a Franklin County attorney with experience handling PFA cases can help with.
Mistakes to Avoid Making When Accused of Stalking in Franklin County
Representing yourself is just one example of a mistake you might make when you've been charged with stalking or someone is seeking a PFA against you. Other errors to avoid as your case proceeds include:
- Contacting your accuser: Refrain from reaching out to an accuser, no matter how strong the urge to do so may be. In a PFA case, it's very likely that attempting to contact an alleged victim will only result in greater trouble, even if you actually didn't engage in the stalking they're accusing you of.
- Posting about the case on social media: You might feel tempted to let off some steam by posting about your case online. However, anything you post could be used against you. For example, depending on the nature of your posts, it could be argued that their tone indicates a desire to inflict emotional distress on an alleged victim. Along with not posting about your case on social media, you should limit discussions of the case to those you have with your attorneys.
- Not building a case: Don't assume the court will take your side just because you're certain the case against you isn't valid. If someone has accused you of stalking, building a defense case is imperative. Again, it's also not something you need to do on your own.
Building a defense case when you're facing stalking charges, a PFA, or both can be a complex process. Our team is on hand to offer the support you need.
Get Help With a Case Involving Franklin County Stalking Charges and PFAs
Learning that someone has requested a PFA against you can be a very stressful experience. That doesn't mean it has to be. One of the smartest ways to address this matter and prevent yourself from becoming overwhelmed is to enlist the help of legal professionals who can provide the defense you deserve right now.
At the LLF Law Firm Criminal Defense Team, providing defense services to clients accused of stalking throughout Franklin County, we can assist you in such ways as:
- Reviewing the case against you: Challenging the evidence and story the alleged victim presents is key to fighting back against a PFA. Our team will review your case with the goal of identifying weaknesses we can cite during a hearing. Depending on the specific nature of the allegations, we may also be able to gather evidence showing you have an alibi that contradicts the story an alleged victim is telling the court.
- Helping with modifications: Our team doesn't just help when someone is trying to get a PFA against you in Franklin County. We can also provide helpful assistance when a court has already issued a PFA, but you wish to request a modification. We'll help show why such a modification is necessary and justified.
- Speaking on your behalf: Anything you say throughout the process can negatively impact your case. It's also important to understand that, while a PFA case is a civil case that's separate from any criminal proceedings, your statements and actions in one case can sometimes impact the outcome of another. Allowing us to speak on your behalf can help you avoid the kinds of errors that you might otherwise make.
- Explaining orders: Having a legal professional by your side to explain legal processes and concepts can help the entire experience run more smoothly. If an accuser does succeed in convincing the judge to issue a PFA against you, a lawyer can also thoroughly review the order to help you understand all its terms and conditions. This can limit your chances of getting in trouble for a violation in the future.
The above are just a few general examples of the ways we provide our clients with valuable help during stressful times. The best way to learn the specific strategies we might employ in a case like yours is to review the matter with a member of our team. For more information about what we at the LLF Law Firm can do for you, call our offices today at 888-535-3686 or submit your information via our online contact form.
