Stalking charges in Pennsylvania are very serious and often come with severe penalties, high fines, and even incarceration. However, even if you do not find yourself facing criminal penalties for stalking accusations, you may still be susceptible to having a Protection From Abuse Order issued against you. In Lebanon County, Protection From Abuse Orders are designed to provide relief for victims of domestic violence. Unfortunately, the consequences of having one of these civil orders issued against you can be severe, impacting your personal and professional life in addition to, or in the absence of, criminal charges.
If you are facing accusations of stalking in Lebanon County, don't wait until a criminal conviction or a civil order leads to devastating ramifications. Contact the LLF Law Firm Criminal Defense Team for top-tier representation by experienced attorneys who understand the complexities of both criminal charges and Protection From Abuse filings. Our Team appreciates the severity of stalking accusations, criminal charges, and civil orders and can help you navigate your individual situation at each and every step of the process. Call us at 888-535-3686 or fill out our confidential consultation form now.
What is a Protection From Abuse Order?
In 1990, California established the Protection From Abuse Act to offer expedited protection for victims of domestic violence. Under this act, victims can petition the court to grant a temporary/emergency and later a final Protection From Abuse (PFA) order. PFAs are meant only to protect victims from domestic or family abuse, meaning that only individuals in certain types of relationships can file for or have a PFA issued against them. Such qualifying relationships include:
- Parents/children
- Siblings
- Spouses
- Intimate Partners
- Blood relatives and relatives-in-law
If you are accused of stalking and as a result, a PFA order is issued against you, the court will likely prohibit you from contacting or communicating with the plaintiff, which in some cases could lead to exclusion from your residence. The implications of having a PFA order issued against you are vast, not only impacting your home life but sometimes also your livelihood. If you have been accused of stalking or are concerned you may have a PFA order issued against you, reach out to the LLF Law Firm's Criminal Defense Team as soon as possible.
Stalking and PFA Orders in Lebanon County
Since Pennsylvania law includes stalking in its definition of abuse, accusations of stalking by someone with whom you share a domestic relationship could certainly lead to a PFA order being issued against you. This is critical, as PFA orders can have serious personal and professional implications, meaning that any stalking accusations have the potential to derail your life and career, even in the absence of criminal charges.
Furthermore, Pennsylvania law considers a person to have committed the crime of stalking when they engage in the course of conduct, engage in repeated communication, or repeatedly commit acts toward another person that demonstrate or communicate intent to put that person in reasonable fear of bodily injury or emotional distress. It is important to note that this definition of stalking is broad, not just referring to the act of following another without proper authority but also including communication.
In all, this means that stalking accusations could arise out of repeated unexpected appearances, comments, texts, and social media contact. Oftentimes, stalking accusations can result from miscommunications, and even if they are not followed by criminal charges, these accusations could result in the issuance of a PFA.
Criminal Charges for Stalking in Lebanon County
In Lebanon County and Pennsylvania, more broadly, if accusations of stalking are followed up with criminal charges, resulting convictions, and penalties are graded based on prior convictions. Simply, first offenses are generally graded as first-degree misdemeanors, while repeated offenses are upgraded to third-degree felonies. If you have previously been convicted of stalking or you have been convicted of a different violent crime involving the same plaintiff, any new stalking charges will likely be graded as a felony. Penalties for first-degree misdemeanors include up to five years in jail and a $10,000 fine, while penalties for felony charges increase to a maximum of seven years of jail time and $15,000 in fines.
While distinct, PFA orders and criminal charges are not always completely unrelated. Although PFAs are civil orders and technically separate from any criminal proceedings, it is important to note that any criminal charges or convictions resulting from stalking accusations can certainly impact the civil proceedings following a PFA filing, and anything that you say during a PFA hearing can be used against you later if you find yourself facing criminal stalking charges.
What is the PFA Process in Lebanon County?
In Lebanon County, the process for obtaining a PFA order is uncomplicated and relatively quick:
- The plaintiff must first file an application for a temporary PFA with the Family Division of the Court of Common Pleas. In their application, the plaintiff must describe why they are filing for a PFA and list the specific protections they are seeking.
- The plaintiff will then go before a judge, often in an immediate or emergency ex parte hearing, where the judge will decide whether to grant a temporary PFA order against the defendant.
- If the judge grants the temporary PFA, the police will serve the order to the defendant.
- Whether or not the temporary order is granted, a hearing will be scheduled within 10 days of the application, where both parties will appear before a judge, who will hear any relevant evidence or testimony to determine whether to issue a final PFA order.
- If granted, final PFA orders are valid for up to three years and can be extended if warranted.
In some cases, parties may elect to resolve their dispute prior to a final PFA hearing, where they agree to a list of provisions and prohibitions and have the agreement signed by a judge. In some cases where both parties choose to go this route, the defendant may be able to include a provision specifying that they are not admitting to any wrongdoing.
PFA Hearings in Lebanon County
If a final PFA hearing does take place, both parties are entitled to have legal representation present. It is extremely important that you attend the hearing to make your case and avoid having a PFA order issued against you by default. It is also critical that you take advantage of your right to have an attorney present with you at the hearing. Having the LLF Law Firm's Criminal Defense Team on your side as you prepare for and attend a PFA hearing is a crucial step in protecting your rights as the accused party and working toward the best possible outcome for your case.
Since PFA hearings are civil cases, the burden of proof is lower than it would be in criminal court. At the hearing, in order for the judge to issue a final PFA, the plaintiff must prove their case from a “preponderance of the evidence.” Simply put, this means that if you are accused of stalking or any other form of abuse, the applicant only needs to prove that it is “more likely than not” not that you are guilty. This is much lower than in criminal court, where your guilt must be proven “beyond a reasonable doubt.” This is an essential component of PFA hearings, as these standards could result in a PFA being issued against you in the absence of enough evidence for a criminal conviction. Even with far less evidence required, a PFA order can often come with severe prohibitions, leading to significant consequences for your home life and altering your professional trajectory.
What's more, despite the fact that PFA hearings are civil matters, any testimony that you provide during the hearing could be utilized in a future hearing if criminal stalking charges are pressed against you. As such, it is of paramount importance that you do not inadvertently exacerbate your situation down the line. Hire the LLF Law Firm's Criminal Defense Team for the legal representation that you need when coming up against the complexities of the PFA process.
Final PFA Orders and Stalking Accusations in Lebanon County
If stalking accusations lead to a final PFA order being issued against you in Lebanon County, the judge can grant a number of protections for the plaintiff, and often, several prohibitions will be contained in the terms of the order. Examples include:
- Prohibiting any contact with the plaintiff and their family members
- Awarding temporary custody of any shared children to the plaintiff
- Temporarily denying custodial access to minor children
- Evicting the defendant from any shared residence even if it is jointly owned or leased
- Granting possession of a shared residence to the plaintiff
- Ordering the defendant to provide suitable alternate housing for the plaintiff
- Requiring the defendant to relinquish any firearms in their possession
While the plaintiff will be able to request specific protections in their applications, the provisions of the final PFA order are determined by the judge, who will decide which protections are necessary based on the evidence and testimony presented at the final hearing. This makes it all the more critical that you attend the hearing with your attorney, as without your presence, you will not be able to make your case against the issuance of a PFA altogether or against any specific provisions requested by the plaintiff. Depending on the particular situation, certain terms that preclude defendants from residing in their home or retaining custody of their children can be devastating and have long-lasting consequences beyond the three-year validity of a final PFA order.
Consequences for Violating a PFA Order
If you are found in violation of a PFA order, temporary or permanent, law enforcement will have grounds to arrest you, and you will likely find yourself facing criminal contempt of court charges. Although PFAs are civil matters, contempt of court is a criminal charge that can result in a criminal record, a $1,000 fine, six months of jail time, and/or probation.
Even if you were prompted to make prohibited contact by the plaintiff or you violated a PFA order by mistake, these violations are still taken very seriously by local law enforcement and the courts. What's more, if you violate any provisions with respect to custody or visitation arrangements, further proceedings in family court pertaining to permanent custody arrangements will take these violations into consideration and could leave you in an unfair custody arrangement beyond the duration of the PFA order.
Where are PFA Orders Valid?
If a PFA order is issued against you in Lebanon County, the order will also be valid in every other county in Pennsylvania per the Protection From Abuse Act. Pennsylvania's Protection From Abuse Database (PSAD), a statewide electronic registry, allows Pennsylvania law enforcement to quickly identify whether a temporary or permanent PFA order has been issued against you simply by searching your name. Further, the order will also be valid in every state across the country per the Violence Against Women Act. This federal law ensures that all protection orders that are granted in the country and meet federal standards are effective across state lines.
Appealing a PFA Order in Lebanon County
If stalking charges or accusations have resulted in a final PFA order being issued against you in Lebanon County, you will have the right to appeal within 30 days of the judge's decision. Appeals are heard by the Pennsylvania Superior Court and are often a difficult and complex legal process. Early intervention is important when it comes to stalking accusations and PFA filings. However, even if you are at the appeal stage, it is not too late to contact the LLF Law Firm Criminal Defense Team and acquire the proper legal representation to make your case.
It is important to note that PFA orders can only be withdrawn or modified by a judge. Even if the plaintiff expresses their approval to change or drop a PFA order, you can still be charged with violating the order if these changes are not officially signed off on by a judge. Additionally, if contact is prohibited by a PFA order, any contact can result in violation charges, even if the contact is with regard to the terms of the PFA order itself. That being said, either party can request to modify the provisions of a PFA order, whether they pertain to custody, living, or contact arrangements, but this is also not an easy process that must go through the court.
Stalking Accusations and PFA Orders in Lebanon County Can Have Far-Reaching Consequences
As previously emphasized, the ramifications of having a PFA order issued against you can span far beyond what you may expect from a civil order. While criminal stalking charges and any resulting custody hearings are technically separate from civil matters, the course of PFA hearings and any potential violations can affect criminal and custody matters down the line. Additionally, even if no criminal charges are filed with regard to stalking accusations, you could still find yourself facing criminal proceedings in the event that you violate a PFA order, even inadvertently. So, while a PFA will not show up on a standard background check, an indirect contempt of court charge might be in the event of a violation.
Certain professions and careers that work with at-risk populations and require licenses may also deny you security clearance or certification based on the fact that a PFA order has been issued against you. You should also be aware of the personal ramifications of PFA orders and stalking accusations as they can harm your reputation within your community and can seriously impact your living situation in the event of a forced eviction.
Your Resources for Lebanon County Stalking Charges and Protection from Abuse Orders
The LLF Law Firm Criminal Defense Team is your best resource for navigating stalking charges and PFA orders in Lebanon County. Our attorneys have many years of experience guiding clients through the convolution of civil and criminal proceedings and the areas where they may overlap. With so much at stake, from your reputation to your career, the last thing you want to do is go it alone or rely on representation lacking sufficient experience to support you through to the best possible outcome. While criminal stalking charges are unnerving, we also understand that the PFA process itself can be incredibly daunting.
Early intervention by legal representation with many years of experience handling stalking charges in Lebanon County can make all the difference in the result of your case. No matter where you are in the process, our experienced attorneys will help you craft an optimal defense. From initial accusations to PFA hearings, appeals, and criminal hearings, the LLF Law Firm Criminal Defense Team will be by your side every step of the way. Call us today at 888-535-3686 or fill out our online form and tell us about your case.
