Are you facing stalking charges in Montgomery County? If so, there are potentially highly significant criminal – and civil – consequences to be aware of. Not only could a stalking conviction result in fines or even jail time, but it could lead to a civil penalty known as a Protection from Abuse (PFA) order. Despite being a civil rather than criminal penalty, a PFA can seriously interfere with your life, affecting everything from your personal relationships to your career prospects.
The good news, however, is that there is no need to face this challenging time alone. The LLF Law Firm Team is standing by, waiting to help you defend the accusations. We'll explain your legal rights, discuss your options for moving forward, and act quickly to protect your interests. And we will fight tirelessly to ensure that you achieve the best outcome possible in the circumstances.
You deserve the chance to defend yourself against stalking charges and petitions for PFA orders in Montgomery County. So, call the LLF Law Firm Criminal Defense Team at 888.535.3686 for swift and effective representation. Alternatively, reach us online by completing our contact form.
Stalking Laws in Pennsylvania
Stalking laws in Montgomery County are straightforward and we can find them in PA's Criminal Code.
In Pennsylvania, stalking is when a person behaves in a certain way or exhibits a certain pattern of behavior, with the aim to:
- Cause the victim emotional distress; or
- Give the victim cause for concern as to their physical safety.
It's not enough for the perpetrator to commit one act which could cause distress or reasonable fear for physical safety (although this could be considered a separate offense). Stalking involves a pattern of behavior, which means there must be at least two incidents before a stalking charge can be considered.
We can break down the major elements of a stalking charge in PA as follows. To prove stalking, the prosecution must demonstrate:
- Course of conduct: As described, this means proving that the defendant engaged in a pattern of behavior, which means at least two separate incidents.
- Intent: There must be an intent to cause harm, or the threat of harm, to the intended victim. Accidentally engaging in a certain course of conduct may not be considered stalking; however, it's hard to prove what truly constitutes unintentional but alarming behavior.
- Distress or injury: That the victim was alarmed by the perpetrator's behavior as any reasonable individual would be, or that the perpetrator caused the victim to reasonably believe they would be harmed.
The Challenges in Defending Stalking Accusations in Montgomery County
It's crucial to note, at this point, that defending stalking charges can be challenging.
For one thing, it's hard to determine what could cause a reasonable person emotional distress or to fear for their physical safety. Even a few simple miscommunications could be construed the wrong way and considered stalking under PA criminal law. This is made more possible since the law includes actions such as using obscene words or acting lewdly.
Furthermore, it's not always easy to show that the defendant acted innocently; in other words, that they didn't intend to cause harm or offense. That's why it's crucial to hire the LLF Law Firm at the earliest opportunity so we may immediately get to work on your defense.
Determining Stalking Charges in PA
Most first-time stalking charges are eligible to be considered misdemeanors. However, should the alleged behavior involve significant threats of e.g. violence, it could be a felony. An example would be if there are related assault, reckless endangerment, or false imprisonment charges.
Second – or subsequent – stalking charges are usually class three felony charges.
How Courts Grade Criminal Stalking Charges
Although courts have some leeway for how they approach stalking charges, there are parameters that judges must respect. For example, if it's a first-degree misdemeanor, then the maximum fine is $10,000, and jail time is capped at five years.
To determine the appropriate level of punishment, courts will consider various factors, such as the defendant's criminal history and the nature of the alleged code of conduct. It will also consider if the defendant has breached a PFA order before.
Stalking and Protection From Abuse (PFA) Orders in Montgomery County
Given the nature of stalking, the offense is not just a criminal matter. It can also lead to a civil Protection From Abuse (PFA) order. Civil penalties, and consequences, can be just as severe as any criminal charge. In fact, they may, in some cases, be worse since a PFA can be renewed every three years and could theoretically last forever.
Who Can File for a PFA in Montgomery County?
Only certain individuals can file for a PFA in Montgomery County. The alleged victim must be a “family or household member,” meaning a spouse, former spouse, family member, roommates, or parties who share a biological child. Other individuals, such as work colleagues with no prior romantic relationship, can't seek a PFA, but they may seek other types of restraining orders against the defendant.
PFA Application Process
In Montgomery County, eligible parties can seek a PFA by attending the Norristown Courthouse and petitioning the judge. They must complete certain paperwork outlining the case against the defendant and then complete their petition in person. Petitioning the judge means showing that the defendant poses a threat to their safety and that the order is necessary to prevent harm.
PFAs can be issued initially on an emergency basis (meaning until the next business day) or on a temporary basis. Typical court hours in Montgomery County are Monday to Friday, from 8.30 am to 12.30 pm.
Temporary Protection From Abuse Orders
Temporary PFAs only last for around ten days or until a final PFA hearing can be scheduled. They are issued on the alleged victim's word alone – the defendant has no opportunity to respond at this point.
The order protects the alleged victim in the short term and is not unduly restrictive on the defendant since it only lasts a few days.
Protection From Abuse Order Hearing
At the final PFA hearing, both parties have the chance to present their case. The judge will listen to both sides and determine if a final PFA is necessary to protect the plaintiff from further possible harm. The judge should, in all cases, explain their rationale for reaching whatever decision they make.
It's worth noting that although the criminal case for stalking charges is separate, the outcome of this case could certainly impact whether the court awards a final PFA in the plaintiff's favor.
Outcome of Protection From Abuse Order Hearings in Montgomery County
There are two possible outcomes to a final PFA hearing in Pennsylvania.
- The court accepts the plaintiff's version of events and grants the final PFA in the plaintiff's favor. The order comes into force immediately.
- The court does not accept that the defendant poses a danger to the plaintiff, and they dismiss the case. The temporary PFA expires, and there are no further restrictions on the defendant.
If the plaintiff has sought a PFA extension, then another outcome is that the PFA is extended beyond the normal three-year period.
Consequences of a PFA in Pennsylvania
There are many serious consequences associated with PFAs in Montgomery County – especially those involving stalking allegations. The most common possible ramifications include:
- The defendant may be unable to return to their residence – not even to collect their belongings or work materials.
- It is not normally possible to have any contact with the plaintiff – even through third parties such as friends or family.
- A defendant could lose custody of their children or even the right to visit them, depending on the circumstances.
- It may not be possible to return to work if they work for the same employer or follow the same shift patterns. Similar consequences apply if the defendant and plaintiff go to college or university together.
- A PFA could limit future job opportunities or the ability to apply for a promotion. This is especially problematic for those seeking to work in law enforcement, healthcare, or other fields where they may deal with vulnerable individuals.
- Similarly, a PFA could make it challenging to renew a professional license or apply for a first license. Existing licenses could be suspended.
- There is significant social stigma attached to a PFA. Friends and family may distance themselves, even if the final PFA is refused and the allegations are shown to be untrue.
- Depending on the circumstances, a PFA could impact the ability to earn a living or pay bills such as mortgages and car loans.
To mitigate the consequences of a PFA, you must seek legal advice as soon as the need arises. The sooner you begin building a strong defense, the better your chances of securing the most favorable possible outcome.
What Happens if the Defendant Violates a PFA Order in PA?
Violating a PFA order is a criminal offense known as contempt, even though a PFA order itself is a civil penalty. This means that PFA violations carry criminal consequences and can lead to a criminal record.
Penalties include:
- Fines of up to $1,000
- Jail time up to six months
- PFA extension
- Other penalties which the court deems suitable in the circumstances
Courts have a wide discretion to punish contempt in PFA cases. And given how seriously the courts take stalking in Pennsylvania, judges are not slow in imposing significant penalties against defendants in these cases. Should you face PFA violation allegations, contact the LLF Law Firm now for prompt representation.
Appealing a PFA
It's possible for a defendant to appeal a final PFA in Montgomery County. However, you only have a certain amount of time from the issuance of the order to do so. You can seek a “Motion for Reconsideration” within 10 days of the order, and if unsuccessful, you may appeal to the PA Superior Court within 30 days.
To be clear, though, an appeal is not simply an opportunity to revisit the same facts – there must be sufficient legal grounds to compel a court to reconsider the decision. For example, it may be possible to show that the judge did not apply the law correctly or that they overlooked material facts and evidence that could have resulted in a different outcome.
The LLF Law Firm Team can explain if there are grounds to appeal a PFA, and we will assist in appealing to the Pennsylvania Superior Court should this be the case.
Extending a PFA
Since PFAs only last for three years in PA, the petitioner can seek to extend the PFA so it's in place for longer. And remember, they can request an extension every three years, so theoretically, defendants can be under PFA restrictions indefinitely.
The judge won't necessarily grant an extension, though – it all depends on the evidence the petitioner seeks to rely on. The judge will likely extend the order if the petitioner can show that:
- The defendant continues to pose a threat to their safety; or
- The defendant has violated the existing order's terms.
If you're faced with a PFA extension, don't attempt to handle the matter alone. You need and deserve immediate and effective representation from the LLF Law Firm.
Modifying a PFA
It's possible to change the terms of a PFA in Pennsylvania. In fact, either party can petition the court to change a PFA's terms. However, this does not mean that it's easy to modify a PFA. The party requesting the modification must convince the judge that the PFA in its existing form is no longer necessary. And the judge must be convinced that, if the petitioner seeks to modify the PFA, they have not been coerced by the defendant into seeking the changes.
Should you wish to modify a PFA, call the LLF Law Firm. Do not attempt to rely on an informal agreement with the other party – even if you both want to change the PFA, it's still technically a criminal offense to breach the order's terms. Until the court agrees to change the order, you must continue to abide by its terms.
Ending a PFA
Just as it's possible to modify a PFA, the petitioner may also seek to “vacate” or end the order before the three-year expiry date. Should the court grant this request, the order will be repealed in its entirety, and the protections will no longer be enforceable.
Unsurprisingly, then, it's not always easy to convince a judge to vacate a PFA order in Montgomery County. Even though only the petitioner can ask the court to dismiss a PFA early, the judge may still err on the cautious side. Should you wish to learn more about how or why to vacate a PFA, the LLF Law Firm Team will explain how the process works.
Do You Need an Attorney for a PFA?
It's understandable if you're nervous about hiring an attorney, especially if you've never hired a lawyer before. However, there are various reasons why retaining the LFF Law Firm is beneficial for anyone dealing with a PFA issue in Montgomery County.
- Diligence: It's our belief that every client deserves swift, reliable, and careful representation throughout every stage of the legal process. Our attorneys will handle your case with the care and respect that it deserves, and we will leave no stone unturned in finding the best way forward for your defense.
- Experience: Our attorneys have successfully represented numerous individuals facing serious civil penalties and criminal charges for stalking. We will use our understanding of this complex area of law to your advantage.
- Eloquence: We understand what's required to present a compelling and effective defense against criminal stalking charges and PFA petitions. No matter how complex your case or how high the odds stacked against you may be, we will ensure that your side of the story is heard.
- Commitment: To the LLF Law Firm Criminal Defense Team, every client matters. Your case is our priority. From the moment you retain us, we're committed to seeking justice on your behalf. And we will stand by your side throughout the entire criminal and civil process, whether this means negotiating a fair outcome on your behalf or fighting for your best interests in court.
Stalking charges can carry serious consequences. They must be defended effectively from the outset, which is why you need an experienced attorney on your side as soon as possible.
Premier Stalking and PFA Attorneys in Pennsylvania | LLF Law Firm
Stalking charges can have significant and enduring consequences in every area of your life. Even if you're not convicted of stalking, and even if there's no final PFA awarded against you, the accusations can, of themselves, lead to devastating personal and professional outcomes. But that's where the LLF Law Firm comes in. We will act immediately to help protect your best interests and mitigate the long-term impact of civil or criminal stalking allegations. Whether we're representing you in criminal and/or civil court, we will do everything we can to ensure that you have complete confidence in your defense. You deserve nothing less than the fairest shot at a favorable outcome, and we are here to ensure that happens.
You are not alone in this matter, even if you feel overwhelmed by the accusations against you. Let the LLF Law Firm stand by your side. For any PFA matter, call the LLF Law Firm Criminal Defense Team now at 888.535.3686 or complete our online inquiry form to schedule a meeting.
