The word “stalking” is commonly used to describe the act of following or otherwise keeping tabs on someone – physically or digitally – in ways that make them uncomfortable. Most of the time, engaging with others – regardless of whether one's approach makes others uncomfortable – is not a cause of concern for the state. Yet, when this generalized definition of stalking allegedly meets certain legal criteria, prosecutors may file formal criminal charges against someone whose conduct is being negatively scrutinized. Before or after formal stalking charges are filed, an alleged victim may also seek a Protection from Abuse (PFA) order against their perceived stalker. These actions taken on behalf of the state and alleged victims can result in profoundly negative consequences for those accused of misconduct.
If you have been accused of stalking, may soon be subject to a PFA, or are under investigation for stalking-related misconduct, the stakes of your situation are undeniably high. It is, therefore, very important that you treat your situation with the seriousness that it deserves. Begin by contacting our team today by calling 888-535-3686 or by contacting the LLF Law Firm online. Our Criminal Defense Team can help you to better understand your rights and options under the law so that we can start working together to keep your reputation strong and your criminal record clear.
Pennsylvania's Stalking Laws
In Pennsylvania, it is a criminal offense to stalk someone, and it is a criminal offense to falsely accuse someone of stalking. Yet, regardless of whether the accusations against you are false, there has been a misunderstanding, or there is some truth to any charges you may be facing, it's important to respond to criminal scrutiny swiftly and (if need be) aggressively. Why? The state understandably treats accusations of stalking seriously, even if those accusing others of such behavior are ultimately found to be lying. As a result, if you are convicted of stalking, you'll likely face significant criminal penalties and collateral consequences that could impact your life negatively for years.
In Pennsylvania, alleged behavior must meet a specific threshold to be legally classified as stalking. Either one of the following scenarios meets this legal threshold:
- A course of conduct or repeated acts committed toward another individual – including the act of following that person without “proper authority” – under circumstances which demonstrate intent to cause that person substantial emotional distress or to inspire them to fear bodily injury reasonably
- A course of conduct or repeated communications toward another individual, under circumstances which demonstrate intent to cause that person substantial emotional distress or to inspire them to fear bodily injury reasonably
There are a few key considerations in these descriptions that form the basis of many legal defense strategies in stalking cases. Namely, many people make others uncomfortable or fearful without intending to do so. Challenging that element of intent is sometimes a successful strategy as a result. Additionally, some people do act in ways that inspire fear or distress in others, but that fear may not be reasonable, and/or their emotional distress may not reasonably be considered “substantial.” Therefore, an alleged victim's response to the conduct at issue may influence a defendant's legal response to the charges that they're facing as well.
Similarly, the Criminal Defense Team at the LLF Law Firm regularly utilizes the law to our client's advantage in a host of other ways. From challenging the legitimacy of unlawful search and seizure operations to questioning the integrity of witness accounts, we understand how to build a strong legal defensive strategy on behalf of individuals in Luzerne County and across Pennsylvania. Once we understand your unique circumstances, we'll begin crafting a personalized approach unique to your situation so that you can benefit from the kinds of argumentation that are most likely to result in a favorable outcome. Without a strong legal strategy, you are at great risk of incurring serious consequences.
Classification of Criminal Stalking Charges
Stalking is generally prosecuted as a misdemeanor offense for first-time offenders. If convicted of a first-degree misdemeanor charge, a first-time stalking defendant is looking at a sentence of up to five years in jail and/or fines up to $10,000.
This grading approach generally holds true unless the defendant at issue has more than one stalking charge on their record or extraordinary circumstances apply. For example, prosecutors can upgrade misdemeanor stalking charges to felonies if first-time defendants are also facing any of the following associated charges:
- Aggravated assault
- Involuntary deviant sexual intercourse
- Kidnapping
- Rape
- Reckless endangerment
- Simple assault
- Terroristic threats
- Violation of a protective order
Being accused of a second stalking offense – even without any of the above-mentioned escalating associated charges – generally means facing a third-degree felony charge that could result in up to seven years in jail and/or fines up to $15,000.
In addition to a term of incarceration and/or steep fines, individuals convicted of stalking may face a variety of associated consequences. One of the most consequential for many defendants is the risk of being targeted as the subject of a PFA.
Stalking Charges May Lead to Protection from Abuse Orders
When someone is prosecuted for stalking behavior, the courts may interpret this turn of events as a solid reason for their alleged victim to be granted a Protection from Abuse order. While these orders serve a legitimate purpose in some cases – some individuals are genuinely at risk of being harmed by others and are in need of protection – they function as a restrictive form of legal overreach in others. Especially if there has been a misunderstanding, false accusations, or you're otherwise not a risk to others, it's important for you to avoid being the target of a PFA, if possible.
The primary reason why it's so important to avoid a PFA is that the execution of this type of order is likely to impact your life in dramatic ways. PFAs are generally granted to spouses, former spouses, current or former partners with whom one has had an intimate and/or sexual relationship, and others related by blood, marriage, or adoption. Meaning if your alleged victim is family and/or a current or former partner of some kind, they are potentially in a strong position to secure a PFA against you. And the restrictions that you would be subject to on their behalf could turn your world upside down.
Before the kinds of restrictions you could be subject to would become clear, the alleged victim would – in Luzerne County – need to file a PFA petition at the Prothonotary's Office of the Luzerne County Court House located at 200 North River Streer in Wilkes-Barre. They must assert not only that they are being stalked and that they have a relationship with you that qualifies them for a PFA, but they also need to assert that they're in “real fear” of suffering serious physical abuse at your hands due to threats or menace. Alternatively, they must assert that you have physically abused them. They must then detail what has allegedly happened and who – if anyone – witnessed the conduct at issue.
Alleged victims can apply for temporary orders and full orders. When seeking the protections of a full order, individuals can ask the court to grant them different kinds of “relief.” It is ultimately up to the discretion of the court to grant these forms of relief or not, which is yet another reason why crafting a strong defense strategy in the face of such restrictions is so important. Without the benefit of a solid defense, you may potentially be ordered to:
- Leave your house so that it can be occupied solely by the individual requestion relief, also known as the plaintiff.
- Halt all contact with the plaintiff and, possibly, any children you may share and/or the plaintiff's relative.
- Pay all of the plaintiff's legal fees, any expenses they have incurred as a result of your alleged abuse, and spousal and/or child support (if applicable)
- Relinquish your child custody rights, at least on a temporary basis
- Surrender any firearms and/or ammunition that you may own or possess
Living out the practical realities of a no-contact order may also require you to change residences, change jobs or schools, alter where you go and when, stop communicating in certain ways with mutual friends, etc. There are few court actions – short of an order to report to jail or prison – that will restrict your freedom faster than a PFA. As a result, it is important to avoid this outcome if you can.
Temporary Orders and Protection from Abuse Hearings in Luzerne County
Note that there is a step in between filing a PFA petition and the possible granting of a full order. Courts regularly impose temporary PFA orders before a judge can hear detailed argumentation and testimony in favor – and against – a full order petition. As alleged victims of misconduct can seek temporary orders without their alleged abuser present, you may be subject to such orders right now even though you may have not yet set foot in a courtroom. Know that there's still time to mount a defense in anticipation of a full PFA order hearing. As this hearing should take place within 10 business days of an alleged victim's initial petition, acting quickly is absolutely necessary.
Preparing for a full PFA order hearing is vitally important because you cannot be subject to finalized restrictions until a Luzerne County Court of Common Please judge has heard both sides of the story. During the hearing, the LLF Law Firm's Criminal Defense Team can present evidence in your favor, question the credibility of the other party's account and evidence, and otherwise present a strong case in your favor. In the event that a judge seems inclined to grant the plaintiff's petition anyway – which is possible, as judges are empowered to use their discretion and everyone is impacted by their own conscious and unconscious biases – we may be able to negotiate far more favorable PFA terms on a client's behalf than the ones proposed by the plaintiff. This act of negotiation can potentially minimize the duration or scope of an order, making the practical reality of its restrictions far more manageable.
PFA Violations and Modifications
One of the other primary reasons why it is so important to avoid becoming the target of a full PFA order, if possible, is that is shockingly easy to violate this kind of legal restriction. Why does that matter? Violating a PFA order turns a civil concern into a potentially criminal one.
It was mentioned above that the violation of a protective order can escalate a first-time misdemeanor stalking charge to a felony. This is just one of the reasons why treating the terms of a PFA seriously is a non-negotiable approach. It is vitally important to push back against a PFA petition, but once one is in place – whether it is a temporary, emergency, or full order – it needs to be treated as gospel. Otherwise, a Luzerne County judge could perceive any deviation from those terms as a violation. All violations of protective orders are classified as criminal matters.
Law enforcement officers are empowered to arrest those who are subject to PFAs if they possess a reasonable belief that the order at issue has been violated. This can happen even if the subject of a PFA did not intend to violate the order's terms. This isn't to say that intent isn't important. A lack of intent to violate the order may keep a judge from imposing criminal consequences for a PFA violation, which is generally classified as a second-degree misdemeanor in Pennsylvania. However, an arrest may take place first, regardless. And, if you've ever been arrested or know someone who has, you understand that avoiding an arrest is an undeniably important goal. It can be a humiliating and infuriating experience, regardless of whether there has been a mistake or misunderstanding leading to that turn of events.
To bring the intersection of stalking charges and PFA orders full circle, it is important to understand that if a PFA violation allegedly involves criminal behavior – like harassment or stalking – the subject of a PFA order can face additional, separate criminal charges for those forms of misconduct. And, again, a PFA violation can escalate existing or new first-time stalking charges from a misdemeanor to a felony.
It is finally worth noting that a PFA violation can result in up to $1,000 in fines and up to six months in jail. A judge may alternatively choose to impose probation on a PFA violation defendant. This is true for each count of indirect criminal contempt of court that a defendant is found guilty of, which is the technical name for a PFA violation. Depending on a defendant's circumstances, they may also be ordered to participate in anger management classes, substance abuse treatment, domestic violence counseling, and/or other opportunities at the court's discretion. PFA violations may also impact child custody arrangements.
The restrictive nature of PFAs and the fact that it is so easy to violate them unintentionally are two of the reasons why defendants may ultimately petition the court for a modification of their terms. Successful modifications can make PFA orders less restrictive and/or minimize their duration, both of which can make it easier for someone who is subject to an order to comply with whatever restrictions the courts have seen fit to impose at any given time.
Legal Assistance Is Available
Stalking charges – which are criminal matters – and PFA orders – which are civil concerns – are distinct legal issues. However, stalking charges often lead alleged victims to file PFA orders, and statements made during PFA hearings can be used against defendants in their criminal trials. It is, therefore, important to keep these intersections in mind, even if you're “only” under investigation for stalking at present. In the event of a conviction, you could face serious criminal and collateral consequences. If you're subject to a PFA, you could be forced to rearrange virtually everything that defines your daily life and closest relationships. Not to mention the reputational damage that each or both of these legal concerns could inspire.
If you are being accused of stalking, are the target of a proposed or newly initiated PFA order, or are under investigation for conduct that could lead to these challenges, the reputable Criminal Defense Team at the LLF Law Firm can provide you with the personalized guidance and support that you need immediately.
It would be difficult to overstate just how high the stakes of your situation are. It is enough to emphasize that you have no time to lose when it comes to safeguarding your rights and your interests. Talk to us about your case today by calling 888-535-3686 or by contacting us online. It's time to build a strong legal defense, and the reputation and results of our experienced and knowledgeable team speaks for itself.