If you have been accused of stalking in Lancaster County, Pennsylvania, it is important that you are aware of the state's Protection from Abuse Act. In Pennsylvania, the courts can take action against you prior to criminal charges, meaning that you do not need to be convicted to experience serious consequences. Once a Protection from Abuse (PFA) order has been issued against you, you may be bound under certain prohibitions and custody arrangements that, if violated, can lead to criminal proceedings. Crafting a PFA defense in Pennsylvania is difficult and complex, making early intervention and experienced representation critical to the outcome of your case.
The LLF Law Firm Criminal Defense Team understands how to navigate stalking charges while taking into account the complexities of PFAs in Lancaster County. We have many years of experience helping our clients contest stalking accusations and defend themselves against PFA orders, fully understanding the gravity of these charges. If you find yourself facing accusations of stalking or a potential PFA order, don't wait. Call us at 888-535-3686 or fill out our confidential consultation form now.
Stalking Laws in Lancaster County, PA
In Pennsylvania, a person commits the crime of stalking if they engage in a course of conduct or commit acts toward another “under circumstances which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person.” This definition specifically includes following another person without proper authority.
Pennsylvania also includes in its definition of stalking any course of conduct or repeated communication to another under circumstances that communicate the same intent. The law further defines the course of conduct as “A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. The term includes lewd, lascivious, threatening or obscene words, language, drawings, caricatures or actions, either in person or anonymously.”
This means that while the definition of stalking in Pennsylvania certainly includes physical following, a variety of other acts can also lead to stalking allegations and charges in Lancaster County. Some of these actions include:
- Repeatedly contacting someone in person, over the phone, or over text or social media
- Repeatedly making unannounced appearances at someone's home
- Repeatedly making threats or other inappropriate or harassing comments
In fact, many cases of stalking charges come from misunderstandings or miscommunications that the defendant did not intend to cause harm or did not understand to constitute stalking.
Criminal Charges for Stalking in Lancaster County
Pennsylvania law grades stalking offenses based on the defendant's record. For example, a first stalking offense will typically be considered a misdemeanor of the first degree. If convicted, the state punishes first-degree misdemeanors with a maximum of five years in jail and up to $10,000 in fines. However, if the defendant has been previously convicted of a violent crime involving the same person or has previously been convicted of stalking, the new stalking charge will be graded as a felony of the third degree. The upgraded charge comes with more severe penalties of up to seven years in jail and fines of up to $15,000. Whether this is the first time you are facing accusations or you have been accused or convicted before, the LLF Law Firm can provide you with the legal representation you need to effectively defend yourself in the face of any and all life-altering criminal charges.
Stalking and PFA Orders in Lancaster County
A PFA is a court order meant to protect individuals experiencing domestic abuse, actual or threatened, quickly or immediately. It is important to note that a PFA order is a civil order, meaning that if one has been issued against you, your personal and professional life could be seriously affected absent any of the criminal charges listed above. Furthermore, criminal charges and civil proceedings related to stalking allegations are not always independent. While criminal charges can influence the outcome of civil hearings, matters discussed in civil proceedings can also have a bearing on future criminal charges and convictions.
Who Can File a PFA Petition in Lancaster County
Since PFA orders are meant to protect victims of domestic abuse, only those individuals in certain types of relationships can file for/be issued a PFA in Lancaster County. These relationships include the following:
- Child of the plaintiff or defendant
- Parent of children with the plaintiff or defendant
- Siblings
- Spouses
- Cohabitants
- Intimate partners
- Relatives by blood or marriage
Furthermore, Pennsylvania law defines abuse to include either actual or threatened physical harm, sexual assault, false imprisonment, and “[k]nowingly engaging in the course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury.”
In other words, if anyone with whom you share any of the aforementioned relationships accuses you of stalking, you could find yourself facing a PFA order.
What is the PFA Process in Lancaster County?
The process for obtaining a PFA order in Pennsylvania differs slightly across counties. In Lancaster County, anyone petitioning for a PFA order must file with an attorney, a Domestic Violence Legal Clinic advocate, or with the Lancaster County Bail Administration Office. The filing process can take several hours, after which time a judge will review the petition and decide whether to grant a temporary PFA, which, if granted, will remain in effect until a final hearing is scheduled. Those who wish to petition for a PFA order outside of the court's operating hours can inform the local police department and file for an emergency PFA order through a magisterial judge. It is required that the defendant be immediately notified that a PFA petition has been filed, whether or not the temporary or emergency order is granted. Defendants will also be immediately provided with the details of the upcoming hearing.
PFA Hearings in Lancaster County
Lancaster County requires that a PFA hearing be scheduled within ten business days of the initial filing of the petition, whether or not the judge granted a temporary or emergency protection order. Both the plaintiff and defendant are required to attend the hearing, at which point the judge will determine whether or not to grant a final PFA order. This point in the process is critical, as final PFA orders can last for up to three years and often have serious implications. At the final hearing, parties may present evidence and witnesses, and legal counsel can conduct cross-examination. Both the plaintiff and defendant are entitled to have an attorney present and will be given a chance to testify before the judge. It is critical as the defendant that you attend this hearing as without your presence, the judge can and often will issue an automatic final PFA that is extremely difficult to appeal. Given the severity of PFA proceedings and the lasting implications of having a PFA issued against you, it is critical that you take advantage of your right to legal counsel and your right to have an attorney present at the final hearing. Rather than trying to respond to allegations yourself, hire the LLF Law Firm Criminal Defense Team to protect you throughout the process.
As stalking is a criminal charge in Pennsylvania, any statements that you make in a civil PFA hearing could be used against you in subsequent criminal proceedings and lead to far-reaching consequences for both your personal and professional standing. The course of PFA hearings can also have a bearing on future custody hearings. With so much at stake, it is essential that you act promptly and reach out to the LLF Law Firm to secure the best possible defense. Our Team has the experience necessary to protect your rights at every step of the process, including initial allegations, PFA hearings, criminal proceedings, and appeals.
What Are the Provisions of a PFA Order in Lancaster County?
If the judge decides to grant the final PFA, it will go into effect immediately upon signing and can last for up to three years. Common protections dictated by PFAs issued in response to stalking accusations include the following:
- Prohibition from all forms of direct or indirect contact
- Prohibition of communication with the plaintiff's relatives
- Exclusion from shared residence
- Temporary loss of custody of any shared children
- Confiscation of firearms
- Order to pay legal fees, child support, and other expenses out-of-pocket
The plaintiff is entitled to request specific protections as part of a PFA, and the finalized terms of the temporary and/or final order will be determined by the judge.
Can You Appeal or Modify a Final PFA Order?
Once a final order is issued, it is possible for the plaintiff to withdraw or drop their PFA prior to the end of the three years or other specified period. However, any relevant fees must first be paid by the defendant, and a hearing is required to take place before the withdrawal. It is important to note that both parties are also allowed counsel in the event of a withdrawal hearing.
Both the plaintiff and the defendant also have the right to request a modification of the PFA, but any changes must be made through the court systems and be signed off on by a judge. Additionally, as the defendant, you do have the option of appealing a final PFA order within 30 days of the judge's decision. However, this is a very complex process that must go through the Pennsylvania Superior Court. Having the experienced legal counsel of the LLF Law Firm behind you throughout the appeals process is essential, and even if a final PFA order has already been issued against you, it may not be too late to seek professional representation.
Consequences of Violating a PFA Order in Lancaster County
A PFA, whether temporary or final, grants police the permission to arrest a defendant for violating any of the terms of the order. Even minor violations or instances where the plaintiff initiates contact prohibited by the protection order could lead a defendant to be arrested and put in jail. In Lancaster County, violations are considered in contempt of court and can lead to criminal contempt proceedings prosecuted through the District Attorney's Office.
One of the reasons that allegations of stalking and petitions for PFA orders must be treated so seriously is that even false accusations or temporary protection orders followed by minor violations can have criminal consequences. Once a PFA order has been granted, police have the authority to arrest a defendant without a warrant, as long as they have probable cause to believe that they violated a PFA, even if the violation did not occur in police presence.
Employment Implications of PFAs and Stalking Charges
Of course, any criminal charges or convictions related to stalking, whether misdemeanors or felonies, can have a significant impact on your current job and future career prospects. As stalking is regarded as a serious crime of harassment, background checks revealing this information will undoubtedly stick with you throughout your professional life. However, even if the stalking allegations against you do not culminate in criminal charges or proceedings, civil hearings and orders can still have a detrimental impact on your work life and professional future.
PFA orders are distributed to all relevant parties, which, in addition to local law enforcement, may include the defendant's employer and any relevant professional licensing boards or agencies. This can lead to severe employment challenges and even potentially ruin a defendant's career. For defendants with professions that require a license or certification like nursing or teaching, licensing boards can take any protection orders into consideration when deciding whether to issue, renew, or even revoke certification. Furthermore, depending on the nature of your job and the people that you work with, the reputational damage alone could be enough to derail your career. For federal jobs requiring security clearance, employers may deny your application or revoke privileges based off of the issuance of a PFA against you.
Personal Implications of PFAs and Stalking Charges
While the severe personal and reputational issues that come with a criminal conviction for stalking may go without saying, it is important to understand that PFA orders can have equally devastating consequences that you may not have considered in the context of a civil dispute. For example, a PFA order issued against you will undoubtedly raise custody issues that reach far beyond any temporary loss of custody resulting from an initial or final PFA hearing. In addition to notifying local law enforcement and employers, officials may also be required to notify the schools of any children involved in the complaint.
Furthermore, if you have been accused of stalking by someone you live with or near, forced evictions could leave you in serious hardship. Oftentimes, if a PFA has been issued against you, the court will exclude you from the accuser's residence regardless of whether or not your name is on the deed or lease or if you pay or paid for the property. What's more, defendants in PFA cases often suffer a loss of rights, as provisions in the order could force you to surrender any firearms, weapons, or ammunition that you own.
PFA orders are often also accompanied by heightened attention from police and other government officials. Such magnified scrutiny can undoubtedly present as a serious burden and a feeling of a lack of privacy in your daily life. While a PFA order may not be visible in a standard background check or criminal history report, it will be entered into a statewide electronic registry known as the Protection from Abuse Database (PSAD). Through this database, the Pennsylvania State Police can determine whether you have an active temporary or final PFA issued against you.
Your Resources for Lancaster County Stalking Charges and Protection from Abuse Orders
If you are implicated in a stalking incident, reach out to the LLF Law Firm Criminal Defense Team as soon as possible. Whether you are facing civil PFA proceedings, criminal charges, or both, our Team will stand behind you, ready to protect your rights and fight for the best outcome possible. Our Team understands the severity of stalking accusations and PFA orders, as well as the complexities of both civil and criminal proceedings. We understand how these different proceedings can impact one another and seriously derail your life and career.
Even if you think you can handle it on your own, or the situation has not yet escalated, early intervention by our experienced Criminal Defense Team can make a major difference in the eventual outcome, protecting you from life-changing stalking charges and civil orders that can impact every aspect of your life from family and friends to work and career. Don't take a chance by trying to go it alone or relying on a local firm. Call us today at 888-535-3686 or fill out our online form and tell us about your case.
