Being charged with stalking is more than just a criminal conviction. Those convicted in Pennsylvania may face prison time and fines, and the ripples from this one conviction can affect many other areas of their lives.
Those charged may also have a restraining order taken out against them. Known as Protection from Abuse (PFA) orders in Pennsylvania, PFAs can affect an individual's personal and professional life. It may require them to leave their home and can damage their standing and reputation within their community.
Even if not convicted of stalking, individuals may still be subjected to a PFA. Pennsylvania doesn't require a criminal conviction to issue a PFA.
If you've been accused of stalking, you need to work hard to protect your future and your reputation. The LLF Law Firm Criminal Defense Team helps our clients understand how to handle stalking charges and PFAs.
We help our clients understand their options and build a defense to the allegations against them. If you've been charged with stalking or have had a PFA taken out against you in Philadelphia County, we can help. Call us at 888-535-3686 or fill out our online form.
Defending Against Stalking in Philadelphia County
Being accused of stalking is, unfortunately, a major undertaking. It's also vital that you have a strong defense because of the long-term repercussions of a stalking conviction or PFA.
In Pennsylvania, a court may issue a PFA that lasts for up to three years. This is in addition to temporary PFAs.
In Philadelphia County, if a judge approves a PFA, an individual against who the PFA is taken out may face the following:
- Being banned from contacting the individual who filed the PFA
- This includes all forms and types of contact
- This includes contact via third parties, such as family members
- Being excluded from their home
- For PFAs, the name on the deed or lease isn't relevant
- That an individual pays the mortgage or rent also doesn't change being prohibited from entering a residence
- If children are involved, facing changes to custody agreements
- This may include a parent, often the one who took out the PFA, being given temporary or permanent full physical custody of any shared children.
- This may also increase child support or spousal support payments
- Being under increased scrutiny by law enforcement and some employers
Facing a PFA or stalking charge can be overwhelming. The desire to ignore the issue, however, won't make the problem go away.
Failure to respond in a timely manner can be detrimental to your long-term goals and security. The LLF Law Firm Criminal Defense Team helps our clients break down the process into small, actionable steps.
Stalking Laws in Pennsylvania
Pennsylvania defines stalking as:
- A course of conduct or repeated acts toward another person, such as following the person without proper authority, and with either:
- The intent to put a person in reasonable fear of bodily injury
- The intent to cause substantial emotional distress
- A course of conduct or repeated communications to another person that either shows:
- The intent to put a person in reasonable fear of bodily injury
- The intent to cause substantial emotional distress
Despite the common movie trope of stalking involving following someone down the street, it's important to keep in mind that, in Pennsylvania, stalking also includes communication. This means that someone may be accused of stalking even if they've never physically met the person.
What is a Communication?
In Pennsylvania, communication that is verbal, nonverbal, written, or electronic all fall under the state's stalking laws. Some examples of covered communications include:
- Telephone
- Fax
- Wireless communications
- Internet
In 2022, the General Assembly considered but didn't pass a law that more explicitly mentioned social media and cyberstalking. Opponents to the bill stated that the current laws adequately covered cyberstalking and other forms of online harassment. They also stated that the bill would have altered the intent requirement for stalking.
Stalking Factors: Drawing the Whole Picture
To help clarify how the state defines stalking, the General Assembly defined the different elements of stalking. The purpose of these definitions is to limit confusion about what constitutes stalking.
Course of Conduct
Course of conduct means that a person's behavior indicates a pattern that suggests a consistent purpose. This can occur over a short period of time and will generally involve two or more actions or communications.
The type of conduct also comes into question. Some behaviors or actions that can indicate stalking:
- Words, language, drawings, caricatures, or actions that are lewd, lascivious, threatening, or obscene
- These communications may be made in person or anonymously
Behavior and actions may occur in more than one location and in more than one way. That an individual's actions occurred in multiple states or counties doesn't affect the evidence of a pattern of conduct.
Intention
Part of showing evidence of stalking is that a person deliberately acted in a way to cause an individual to fear bodily injury or otherwise cause emotional distress. In other words, stalking isn't an accident.
In 2022, Pennsylvania considered amending the intent requirement to include being reckless. In other words, someone could face stalking charges even if they hadn't intentionally acted in a way to cause someone fear of bodily harm or emotional distress. The bill didn't pass, and the intent requirement remains a crucial part of proving any stalking defense.
For example, Person A believes they are being followed home every evening. They see the same red sedan on their drive home and begin to fear what the driver of that car will do to them.
In reality, the driver of the red car, Person B, works a similar schedule to Person A and lives in the same area. It just so happens they often drive home at the same time.
Here, there is no intent to cause harm or emotional distress. Person B doesn't have the intent required for a stalking conviction.
Now, if Person B deliberately changed their schedule to follow Person A home, that might be enough to show intent.
Emotional Distress
Emotional distress can be temporary or permanent. It's mental harm, and one of the challenges can be proving or disproving claims of emotional distress. Unlike a physical wound, emotional distress often isn't visible.
This also means that an individual may exaggerate their symptoms in hopes of getting a PFA or stalking charge against someone. This is why evidence is so important for emotional distress. Someone who claims emotional distress needs to show evidence of how their life and health have been affected.
Criminal Stalking Charges
In Philadelphia County, a first-time stalking offense is usually a misdemeanor charge. This isn't a requirement, however, and a charge may be more serious depending on the circumstances.
An individual may be charged with a felony if, for example, it's associated with any of the following charges:
- Simple assault
- Aggravated assault
- Reckless endangerment
- Kidnapping
- Rape
- Involuntary deviant sexual intercourse
- PFA breach
Even without these charges, some course of conduct may be serious enough to warrant upgrading a charge to a felony.
Grades of Criminal Stalking Charges
Pennsylvania grades its criminal charges. This means that, depending on the severity of the crime, the conviction and penalties can be more or less serious. The state also factors in prior convictions.
With stalking, first-time offenders stalking will generally be charged with a first-degree misdemeanor. If convicted, an individual faces a maximum sentence of up to five years in jail and fines up to $10,000.
Individuals who have prior stalking convictions or other convictions that relate to the same person or member of that person's household or family will face steeper sentencing if convicted.
Second-time offenders may be charged with a third-degree felony, If convicted, these individuals face a maximum of up to seven years in jail and up to $15,000 in fines.
Pennsylvania also includes a provision 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."
Another category of third-degree felonies is when stalking combines with terroristic threats. If an individual commits any of the following, they may be facing more serious sentencing guidelines after they:
- Either directly or indirectly communicates a plan to commit a crime of violence with the intent to terrorize
- Cause an evacuation of a building, place of assembly, or public transportation facility
- Cause serious public inconvenience
- Cause error or serious public inconvenience due to a reckless disregard for causing that terror or inconvenience
Stalking and Protection from Abuse Orders in Philadelphia County
In addition to a criminal stalking charge, an individual may also face a PFA. An individual doesn't need to have any criminal charges against them, however, to have a PFA taken out against them.
Pennsylvania has different types of restraining orders. PFAs, which can last for up to three years, are intended to protect individuals from abuse. A temporary PFA can be put into place for up to 14 days.
PFAs cover family and intimate relationships. People cannot get a restraining order against a stranger, friends, or roommates. For roommates, if two people are living together and are physically intimate or dating, they can get a PFA.
PFAs can be filed against:
- Spouses or former spouses
- Domestic partners
- Same-sex partners
- Parents
- Children
- Your child's other parent
- People who are related by blood or marriage, including brothers and sisters
- Current or former sexual or intimate partners
What is Abuse?
Philadelphia County defines abuse as:
- Attempting or causing physical injury
- Placing another in reasonable fear of imminent serious bodily injury
- Sexual assault
- False imprisonment
- Stalking
Individuals can also file for a PFA even if they haven't been subjected to abuse. Threats, putting someone in fear of bodily injury, or causing emotional distress may also be sufficient grounds for a PFA.
Requesting a PFA in Philadelphia County
Individuals may file a petition for a PFA at the Domestic Violence Intake Unit. This office is located at:
Family Court
1501 Arch Street, 8th Floor
Philadelphia, PA
The DV Intake Unit is open Monday to Friday, 8 am to 3 pm. The county recommends that individuals arrive earlier in the day, and anyone who arrives after noon by not be able to file their petition that day.
Emergency PFAs
In certain situations, individuals need to file for a PFA as soon as possible. When an individual is in danger or has otherwise been threatened in a way that makes it unsafe for them to wait for office hours to file, they may file for an Emergency PFA.
During nights, weekends, and holidays – essentially, any time the DV Intake Unit isn't open – individuals may file for an Emergency PFA at:
Criminal Justice Center
Room B-03
1301 Filbert Street
Philadelphia, PA
Individuals can also call this office at 215-683-7280. For some emergencies, individuals may be best served by calling the police.
What Does a PFA Do?
The purpose of a PFA is to protect individuals from abuse and threats of abuse. Philadelphia County highlights the following as examples of what a court can require an individual to do as part of a PFA:
- Stop abusing, stalking, threatening, and harassing the petitioner
- Cannot have any contact with the petitioner or their children
- This includes situations when both involved parents share children
- and your children, including at work or school
- Stay away from the petitioner's residence, workplace, and school
- An individual may be required to stay away from a residence even when it's also their home
- Surrender weapons to law enforcement
A court may also order:
- Changes to child custody or support
- Paying the petitioner for reasonable losses
- Paying the petitioner's attorney fees
Temporary Orders
Generally, the first step for a PFA is a temporary PFA, which last up to fourteen days and can be extended. These can be filed on an ex-parte basis, which means that someone can request a temporary PFA without the other person being present. In other words, you can have a PFA taken out against you without having the opportunity to defend yourself.
It's important that, if a temporary PFA is taken out against you, you don't contact the petitioner. While it can be tempting to believe that talking to them will resolve the problem, this will likely result in you being guilty of violating a PFA, which can lead to serious implications, including criminal charges.
If a temporary PFA has been filed against you, you need to contact LLF. We can help you respond through legal avenues.
Protection From Abuse Hearings in Philadelphia County
Before a court can issue a Final PFA, they must have a hearing. During this hearing, both parties have the opportunity to present evidence and argue their side.
Assembling evidence is crucial for anyone fighting a PFA. Some examples of potentially admissible evidence:
- Text messages
- Emails
- Social media messages
- Social media posts
- Receipts
- Medical records
- Witness statements
Ideally, you will be able to present evidence that disproves or calls into question the truth of the claims made by the petitioner.
Violating a PFA in Philadelphia County
Once a PFA is in place, defendants must take care not to violate any terms of the PFA. While PFAs aren't criminal, violating them can lead to criminal charges and convictions.
A defendant can violate a PFA even without the intention to violate it. Not understanding a term or forgetting the terms of a PFA aren't defenses.
Police and other law enforcement officials can arrest someone if they have probable cause that the defendant violated a PFA order. Law enforcement doesn't have to physically witness a violation to arrest a defendant.
Violations of the terms of a PFA order are generally second-degree misdemeanors. In some cases, a violating may involve other criminal acts, such as stalking, which means a defendant may face multiple criminal charges after violating a PFA order. Multiple criminal charges can also increase the penalties if convicted.
Those who violate a PFA may face:
- Fines of up to $1000
- Up to six months in jail
- Extension of the PFA order
- Confiscation of any weapons, firearms, or ammunition
Courts may also order attending domestic violence classes or anger management sessions.
Modifying and Extending a PFA
A PFA is not set in stone, and either party can request a modification of the PFA at any point. Similarly, a PFA can be extended beyond the three-year period.
A judge must approve any changes to a PFA. Modifications can include altering specific terms or even vacating a PFA.
When vacating or ending a PFA, the request must come from the petitioner. When receiving a request to vacate, judges will often look for evidence that a petitioner was coerced, threatened, or otherwise forced into requesting an end to the PFA. Petitioner must request that a court vacate a PFA without any outside pressure.
One important detail about PFAs is they must be modified through the court system. Unlike other areas of law, parties cannot agree to modifications outside of a court. A judge must rule on any PFA modifications.
Before the PFA expires, petitioners can request an extension. They must present evidence as to why the extension is necessary. Similar to the initial final PFA order, defendants have days to appeal.
Defending Against PFAs and Stalking
A PFA or stalking conviction can have serious implications on your life. It can affect where you live, your career opportunities, your relationships, and even your time with your children.
A temporary PFA or stalking charge doesn't mean you're guilty. Exaggerated evidence and false accusations happen. Parents, for example, may falsely claim abuse in hopes of gaining a more favorable custody arrangement.
The LLF Law Firm Criminal Defense Team helps our clients defend against charges in Philadelphia County and throughout Pennsylvania. Whether you're contesting a temporary PFA, requesting modifications of an existing PFA, or facing stalking or related criminal charges, we can help. Call us at 888-535-3686 or fill out our online form.
