Stalking Charges and Protection From Abuse Orders in Lehigh County

Crimes like stalking are often rooted in miscommunication, misunderstandings, and even false accusations, but regardless of intent, it's a serious offense in Lehigh County that carries the potential for time in jail and thousands of dollars in fines. Additionally, criminal stalking charges are commonly followed by civil actions like Protection From Abuse (PFA) orders. When individuals come forward with allegations and seek a PFA in Pennsylvania, it can upend daily life for anyone. If the Lehigh County judge reviews the allegations and grants the order, defendants are subject to:

• No-contact orders with the plaintiff, including family members and friends.
• Temporary custody of shared children awarded to the plaintiff.
• Financial obligations to cover child or spousal support.
• Monitoring by law enforcement and the potential loss of employment.

PFAs are valid for up to three years, meaning the stakes are high for those looking to clear their name. Defending yourself in Lehigh County is a tall order without professional assistance, so before you plan to fight the charges or contest the order yourself, get in touch with the LLF Law Firm.

Our team understands how to navigate situations compounded by criminal charges and civil orders like stalking and PFAs. The LLF Law Firm will provide a pathway toward a strong defense in Lehigh County to contest allegations while working to avoid criminal charges and mitigate the impacts civil orders can place upon you. Call us at 888-535-3686 or fill out our confidential consultation form now.

Stalking Laws in Pennsylvania

It's not tough for good intentions to be misinterpreted, and actions perceived as benign by one person can be threatening to another. For instance, someone may share casual conversations with a coworker and think a mutual connection is growing between them. Expressing genuine interest, they may begin leaving friendly notes on their coworker's desk and small gifts, and begin appearing at their favorite coffee shop in order to create more opportunities outside of work to strengthen a potential platonic bond.

Unfortunately, nearly all of those gestures can lead to a visit from the police to face the harsh realities of Pennsylvania's stalking laws. The commonwealth's criminal justice system can move forward with stalking charges when a person engages in a course of conduct or repeatedly commits acts towards another person under circumstances that demonstrate either:

1. Intent to cause substantial emotional distress.
2. Intent to invoke reasonable fear or bodily injury.

While it may not seem to some that an individual expressing interest in their coworker warrants a criminal charge, allegations can happen to anyone. Law enforcement must act on filed complaints based on the testimony provided by the alleged victim.

To put the hallmarks of stalking further into context, a course of conduct is a pattern of behavior that demonstrates a continuity of conduct, which then shows a continuity of purpose." The nature of purpose plays into intent, as the alleged perpetrator aimed to cause emotional distress (whether temporary or permanent) or fear of bodily injury.

Grading Criminal Stalking Charges

Stalking charges in Pennsylvania are graded based on the severity of the offense, which takes into account any prior convictions and other crimes committed in the commission of stalking. For a first-time offender, stalking is typically charged as a first-degree misdemeanor, which can result in a maximum sentence of up to five years in jail and fines not to exceed $10,000. Yet, Lehigh County can upgrade the stalking charge under multiple circumstances.

If the accused has a prior conviction, stalking is upgraded to a third-degree felony, with maximum penalties increasing to seven years in jail and $15,000 in fines. Even if an incident is the accused's first offense, stalking is upgraded to a felony if one of the following acts is committed in connection:

• Assault (simple or aggravated)
• Involuntary deviant sexual intercourse
• Kidnapping
• Protective order breaches (including PFAs)
• Rape
• Reckless endangerment

In stalking cases, those accused are often linked to forms of communication that can be taken as terroristic threats. To satisfy charges, Lehigh County prosecutors must establish that the accused:

• Had the intent to terrorize
• caused the evacuation of a building, place of assembly, or public facility

Stalking incidents can also implicate the accused with third parties. The law allows the courts to address "seriously disparaging" statements or opinions toward an accuser's child if they are "reasonably likely to cause substantial emotional distress…which produces some physical manifestation." Much like prior convictions and associated crimes, disparaging statements will also warrant a charge upgrade from an initial first-degree misdemeanor to a third-degree felony stalking charge.

How Stalking in Lehigh County Leads to Protection from Abuse Orders

Apart from the criminal charges individuals face for stalking, there are civil actions. One of the most significant is the PFA—a court order designed to protect victims of domestic violence. Under Pennsylvania law, courts retain power to protect certain people, including:

• Children, parents, and other biological relatives or those related by marriage.
• Current or former intimate or sexual partners.
• Current or former spouses or persons who lived as spouses.

There are eligibility requirements that must be fulfilled before a judge signs off on an order. Individuals petitioning for a PFA must have been physically or sexually abused, in "real fear" of serious abuse because of threats or menace, or have been falsely imprisoned by the accused.

In Lehigh County, petitioners may file PFAs at the Lehigh County Courthouse at 455 West Hamilton Street in Allentown. When applying, petitioners may seek various types of relief, from financial to custodial and beyond. While the conditions in the final PFA depend on the nuances of any case, the judge may mandate the following types of relief:

• Confiscation of the defendant's firearms, ammunition, and other weapons.
• Evicting the defendant from their residence and granting sole possession to the plaintiff.
• Forcing the defendant to pay for the plaintiff's legal fees, abuse-related damages, and spousal or child support.
• Instituting no-contact orders between the defendant and the plaintiff, including family members and shared children.
• Granting the plaintiff temporary custody of children.

The effects can happen immediately, although procedures exist between allegations and a final PFA. In fact, the first time an individual becomes aware of any civil action against them can be when they're served by police at their home or at work.

Temporary Orders

A final PFA requires a hearing between the petitioner and the defendant. However, temporary orders can be provided for the petitioner's protection between the initial filing at the Lehigh County Courthouse and the formal court hearing with all parties present.

Plaintiffs can seek PFAs on an ex-parte basis, meaning the accused does not have to be there. The judge will decide through the information listed on the petition and testimony from the accused party at an ex parte hearing.Orders remain in effect until a hearing is held with the defendant present, which must commence within ten business days.

In some situations, the Lehigh County judge can issue an emergency order. An emergency PFA expires at the end of the following business day and is only granted under the following circumstances:

1. When a "true emergency" exists (abuse, endangerment).
2. When the Lehigh Court of Common Pleas is not available to hear the petition.

If an emergency order expires, the Lehigh County Court of Common Pleas may replace it with a temporary order, which is subject to a hearing within ten business days. Unless extenuating circumstances exist, the next hearing will be the final PFA hearing.

Protection From Abuse Hearings in Lehigh County

Nothing in an order is finalized until a hearing before a judge where both the plaintiff and the defendant can make their case. During the hearing, each party is allowed to retain professional legal help. Considering the life-altering consequences a PFA can have, let alone criminal stalking charges, defendants must secure representation.

Defending against evidence and testimony from the petitioning party requires the skills, poise, and finesse of a proven defense attorney. They will analyze the prosecution's arguments for inconsistencies and know when procedural errors occur to strengthen your case. An attorney will also call into question the credibility of the plaintiff's witnesses, the legality of evidence collection by law enforcement and investigators, and the legitimacy or intent of communications between the parties.

Critically, while criminal charges like stalking and civil actions like PFAs are separate legal matters, they impact one another. For instance, statements made during PFA hearings can be used in criminal cases, such as those set to adjudicate stalking charges. Moreover, while the PFA can include temporary custody arrangements for shared children between the plaintiff and defendant, permanent custody agreements require separate proceedings.

After the hearing and the judge signs the final order, the defendant's information is added to the statewide Protection From Abuse Database operated by the Pennsylvania State Police. The order is also made known to the defendant's employer, schools of children involved, and any licensing agencies that grant the defendant professional credentials.

Hearing Outcomes and How PFAs Affect Defendants

In 2023, Pennsylvania recorded 41,736 new PFA petitions, a three percent year-over-year increase. That same year, Lehigh County was among the top ten counties with the highest number of new filings, with four percent of all total PFA petitions. Official figures show that 88 percent of temporary PFAs were granted by municipal judges, which can present a seemingly insurmountable barrier for defendants to hurdle. However, the figures show a different story following the next steps in the process.

Among statewide PFA petitions, the following were outcomes in 2023:

• Plaintiffs failed to appear in 26 percent of cases.
• Plaintiffs withdrew 21 percent of petitions.
• Judges granted 18 percent of final orders.
• Parties resolved 17 percent of cases.
• Temporary orders were denied or dismissed in 13 percent of cases.
• Five percent of final PFAs were denied, including one percent transferred.

Subsequently, 83 percent of all petitions failed to be granted by a judge. Therefore, defendants must understand that there are ways to mitigate placement on a statewide database and move forward without civil action taking place.

For the 17 percent of cases that end with judges granting orders, PFAs have consequences for defendants that extend beyond the immediate legal implications, like changes in child custody, financial obligations, and potential evictions. PFAs are enforceable across state lines under federal law, potentially affecting travel or relocation plans, and while uncommon, can complicate international travel. Nevertheless, the most common way to violate a PFA and get in trouble with Lehigh County is by violating the terms.

What Happens If Defendants Violate a PFA?

Under the restrictions of a PFA, individuals are subject to heightened law enforcement scrutiny, and while a PFA itself is a civil matter, violations are criminal offenses. Defendants may argue they lacked intent to violate the order or misunderstood the provisions. But no matter how unintentional or minor, the court still takes violations seriously.

Police officers retain the authority to arrest a defendant without a warrant if they have probable cause to believe that a PFA order has been violated—even if the violation was not committed in police presence. Therefore, defendants can be caught off-guard by allegations of order breach, just like they could be with PFA petitions or stalking charges. In Pennsylvania, violations are considered indirect criminal contempt of court, normally graded as a second-degree misdemeanor.

If the violation involves other criminal acts, defendants can face additional criminal charges. For example, if a defendant who has a PFA against them is charged with stalking, Lehigh County would upgrade the charge from a first-degree misdemeanor to a third-degree felony. Aside from penalties associated with other charges, the punishment for indirect criminal contempt of court includes:

• Fines not to exceed $1,000
• Six months incarceration

Attorneys can argue for the judge to impose probationary measures instead of or in addition to incarceration and fines. Judges can also levy a host of mandates for violations like anger management classes, counseling for domestic violence, therapy, community service hours, or other rehabilitative measures.

Among the criminal penalties for violations are effects on existing court orders. Plaintiffs may petition the judge to modify a PFA to lessen the risk of a future breach. Moreover, judges can move to alter existing child custody schedules between the parties or additional obligations for damages caused.

Can You Modify a PFA?

Throughout the duration of the PFA, which can exist for up to three years, both parties have the right to file a petition with the Lehigh County Courthouse to modify the terms. All proposed alterations must be approved by a judge during a hearing. Even the most minor change needs approval, as mutual agreements made outside of court are not legally binding.

Before the order expires, plaintiffs may request an extension if continued protection is necessary due to new incidents of abuse or ongoing threats. Extensions are also subject to a hearing before a judge.

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

Building a defense against criminal stalking charges and a potential PFA is a challenge reserved for a professional. Defendants are often caught off-guard by allegations, and even if a temporary order is provided under false pretenses, they can have their lives upended before they have a chance to see a judge. When your livelihood is on the line, rely on a team that is well-versed in how Lehigh County addresses PFAs and stalking charges.

The LLF Law Firm stands prepared to begin on strategic defense that prioritizes getting you back to your normal life. With years of experience assisting Lehigh County residents to defend against criminal and civil charges, our team can provide the support you need under these dire circumstances. We will assist you in the following crucial ways:

• Robust Representation: The LLF Law Firm is dedicated to strong counsel for defendants in Lehigh County and throughout Pennsylvania.
• Dispute or Modify Orders: Our team will help you request modifications to existing orders and advocate for you when the plaintiff requests a change.
• Mitigate Violations: We will ensure you avoid PFA breaches and that other parties follow the order's stipulations.

Early involvement can make all the difference when allegations arise, preserving your personal and professional reputation in the Lehigh County community. Don't face criminal charges or civil action alone—get started on your defense strategy and call LLF Law Firm now at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.