Stalking Charges and Protection From Abuse Orders in Washington County

Knowing that stalking usually includes or leads to heavy crimes—such as assault, harassment, property damage, or theft—Pennsylvania has established strong laws and policies to deter stalking and protect victims. Criminal penalties like fines and jail sentences are potential consequences, along with civil actions like Protection From Abuse (PFA) orders. The offender's career and social life often suffer as well.

This is why you shouldn't delay securing legal representation if you're accused of stalking in Washington County. The longer you wait, the greater the likelihood that the repercussions will cast a shadow on your life. To ensure you have the highest quality lawyers on your side, call the LLF Law Firm Criminal Defense Team today at 888-535-3686 or fill out their confidential consultation form.

PFA orders are valid in Washington County for up to three years after receiving approval from a judge. They typically require the subject of the PFA order to comply with the following stipulations:

• Temporarily relinquishing custody of any children shared with the partner who filed the order.
• Paying child support and other expenses as necessary for the partner and children.
• Accepting eviction from any residence(s) shared with the partner.
• Refraining from direct or indirect contact with the order's petitioner or any third parties.

These stipulations alone could strain your relationships and limit your opportunities for work and housing. As soon as you receive notice that a PFA order has been filed against you, get in touch with the LLF Law Firm Criminal Defense Team.

Stalking Laws in Pennsylvania

To inform defendants about their rights and possible reasons why they've been accused of stalking, Pennsylvania legislatures have created and explained state laws concerning it. In summary, stalking is a pattern of malicious behavior that includes the following:

1. Intent to permanently or temporarily cause emotional or mental distress to another person to the point that it compromises their health or daily life.
2. Intent to mentally, emotionally, physically, financially, or socially harm another person and/or to damage their property.

Judges consider several factors when deciding how to rule on stalking cases. These tend to be the most important factors:

• Intent: Though sometimes difficult to prove, intent suggests that the defendant was aware of how their actions affected the plaintiff and that they truly meant to cause harm. That is, nothing was an innocent mistake, so the defendant cannot be treated as innocent.
• Repeated Acts: You could explain away a random and isolated instance of unexpected and unwanted contact or proximity to the plaintiff. However, if it happens more than once in quick succession and/or at regular intervals, the plaintiff could argue that the behavior is repetitive and indicative of stalking.
• Course of Conduct: The instances of unexpected and unwanted contact aren't benign but rather characterized by frightening, violent, or destructive behavior. Examples include threatening language, intimidation, harassment, property damage, or assault.
• Emotional Distress: The plaintiff has demonstrably suffered emotional distress—often taking the form of depression, paranoia, anxiety, and other serious conditions—due to the defendant's stalking.

Washington County courts usually write up first-time stalking offenses as first-degree misdemeanors, while second and subsequent violations are commonly recorded as second or third-degree felonies. Either way, the courts might elevate the charges even further if accompanied by any of these crimes:

• Violating a PFA order
• Simple assault
• Aggravated assault
• Reckless endangerment
• Involuntary deviant sexual intercourse
• Rape
• Kidnapping

How Does Washington County Grade Criminal Stalking Charges?

Numerous other factors can account for how Washington County judges ultimately grade stalking charges. For example, if it's your first offense and only offense, the judge is more likely to record it as a misdemeanor, which comes with a maximum of five years in prison and/or up to $10,000 in fines.

However, a preexisting criminal record suggests to the judge that the defendant might be a dangerous and/or repeat offender, so they may grade the stalking charge as a felony. With up to $15,000 in fines and a seven-year prison sentence, their hope is that it will do better at deterring the defendant from reoffending.

Judges usually opt for harsher penalties when there are other crimes committed in tandem with stalking, which is often the case. For instance, any statements about the victim's child that could be construed as “seriously disparaging” or likely to cause “substantial emotional distress…which produces some physical manifestation” often compel judges to elevate the charges. The same is true of terroristic threats, which Pennsylvania law defines thus:

• A provable intention to terrorize the victim(s).
• Driving people to evacuate a residential complex, public building, place of assembly, or house.

Many defendants insist that plaintiffs and PFA petitioners interpret their verbal exchanges unfairly as “disparaging statements” and “terroristic threats,” asserting that hyperbole, exaggeration, or miscommunication are truer labels for what occurred. Nevertheless, a Washington County judge may side with the plaintiff and charge you with a felony instead of a misdemeanor if you can't prove that your words were just words.

How Does Stalking Lead to PFA Orders in Washington County?

The civil penalties for stalking can be just as severe as the criminal ones. Protection From Abuse (PFA) orders are a perfect example. In Washington County, the purpose of such orders is to protect domestic violence victims, particularly:

• The petitioner's family members by blood or marriage, especially children, parents, and siblings.
• The petitioner's current and former sexual partners.
• Anyone currently or formerly married, partnered, or living with the petitioner.

Victims of forced isolation, confinement, kidnapping, or abuse (physical or sexual) are eligible to obtain PFA orders, as well as anyone with a legitimate reason to fear that the defendant's stalking could lead to harm for them or someone close to them. To file for a PFA order in Washington County, they must go to the courthouse at 1 South Main Street, Washington, PA 15301, and provide the following information:

• Details about the physical, mental, and/or emotional harm that the stalker has caused to the petitioner or their loved ones.
• The stalker's abusive actions, threats, and other elements of their course of conduct.
• A list of witnesses, accomplices, third parties, victims, and any other people relevant to the case.
• The location, date, and time for the stalking incident.

Dire or extraordinary cases may warrant PFA orders with additional conditions or stipulations, such as:

• Law enforcement will confiscate the defendant's firearms and ammo, if applicable.
• The petitioner must have sole custody of any children they share with the defendant.
• The petitioner also gets sole occupation rights for any residence(s) they share with the defendant.
• The defendant must pay child support, spousal support, medical bills, legal fees, and other expenses as relevant and necessary.
• No contact is allowed between the petitioner and defendant or any third parties, including their shared children.

What About Temporary PFA Orders?

In Washington County, a petitioner can often obtain a PFA order without the defendant's knowledge or presence, known as ex parte, meaning “by or for one party.” Consequently, many defendants are blindsided by these orders and the accusations leveled against them. Nevertheless, the court only acknowledges the PFA order as valid for ten business days by the time they must hold a formal hearing about the charges.

Some petitioners are also eligible for emergency PFA orders. They must demonstrate the following to a magisterial judge:

• There is a “true emergency,” meaning a legitimate reason to expect that the defendant will soon harm them and/or their loved ones.
• The Washington County Court of Common Pleas was closed and could not conduct a hearing at the time when the petitioner filed for the PFA order.

Emergency PFA orders expire at the end of the following business day, provided that a Washington County judge does not make it permanent by then. However, they will refrain from making more decisions about the case until the formal hearing is held.

Protection From Abuse Hearings in Washington County

In accordance with Pennsylvanian law, defendants accused of stalking in Washington County receive the opportunity to advocate for themselves at formal hearings. Judges consider various defenses consisting of material evidence, legal interpretations, witness and character statements, and more, all of which could help you dismiss or reduce the charges.

However, don't forget that your accuser has the same right to present their case to the judge. If they persuade the judge to declare you guilty, they'll finalize the PFA order and ensure its distribution to local law enforcement, licensing agencies, your employer(s), and your children's school(s). A guilty verdict could also work against you in criminal court and child custody hearings.

This is why it's crucial to have knowledgeable, determined, and resilient legal representation with you at the formal hearing. The LLF Law Firm Criminal Defense Team has the sense of dedication and experience necessary to support and protect you from the negative consequences of a guilty verdict.

The Impact and Provisions of a PFA Order

Never underestimate the immediate and far-reaching effects of a PFA order, particularly if a judge convicts you of stalking. These are just a few of the repercussions you could face for years to come:

• Loss of Second Amendment Rights: Some PFA orders and felonies come with the penalty of losing your right to bear arms. Stalking convictions and other violent crimes are likely to cause law enforcement to take away your weapons, especially firearms and ammunition, in an effort to protect current or future victims.
• Increased Scrutiny: Knowing that stalking and related crimes can cause serious harm to others, law enforcement agencies may regard PFA orders as evidence that you warrant more surveillance and suspicion than other people. It can lead to more inconveniences and thorough investigations if you're ever caught doing anything questionable or illegal.
• Fewer Housing Options: If you need to rent housing, you could have trouble convincing landlords to approve you with a stalking conviction or PFA order on your record. They might worry that you're too volatile to be a courteous and reliable tenant. Plus, the PFA order may have put an eviction on your record as well. Unless you can find a landlord willing to take a chance on you, the only housing available to you might be of low quality, assuming you don't end up homeless.
• Less Opportunity for Career Advancement: Many companies run criminal background checks on workers they're considering for new positions or promotions. Like landlords, hiring managers tend to be wary of PFA orders and stalking convictions because of what they suggest about prospective employees and the risks they represent. The charges could stunt your career for years or force you into a different line of work altogether.

Consequences of Violating PFA Orders

Although PFA orders are civil actions, violating them is a crime, and law enforcement doesn't need a warrant to arrest you for it. After a trial, a judge will decide whether you're guilty of indirect criminal contempt of court, which is a second-degree misdemeanor that could result in the following disciplinary actions:

• Fines of up to $1,000 per violation.
• Prison sentences of up to six months per count.
• Changes in child visitation schedules and custody arrangements.

However, the judge might assign alternative disciplinary actions to you, depending on the circumstances. For example, they might rule that you must do an anger management course, attend rehabilitative programs, accept domestic violence counseling, and/or complete probation.

Suppose you violated the PFA order by committing new crimes—like harassment, threatening language, intimidation, bullying, property damage, theft, or assault—the Washington County courts will open a new case to prosecute you. Convictions are usually recorded as third-degree felonies, resulting in more and harsher penalties.

Modifying PFA Orders

Although you and your accuser can modify a PFA order to your benefit, you must both agree to every change, and they all require approval from a Washington County judge. Otherwise, you could still be arrested and prosecuted for violating the original terms.

However, if your accuser convinces a judge that you've violated the PFA order in any way, they can modify it without your knowledge or consent. It usually means moving the expiration date and/or adding more restrictions, conditions, or stipulations for you. The court will give you 30 days to file an appeal with the Pennsylvania Superior Court before the order becomes permanent.

How Can You Defend Yourself from PFA Orders and Stalking Charges in Washington County?

You might be unpleasantly surprised by how rapidly a PFA order and stalking charge can impact everything in your life, from your relationships to your work to your housing situation. Between the shock, confusion, and frustration of rearranging your entire life around the PFA order, it's understandable to feel overwhelmed and unable to catch up with the Washington County court's demands and accusations.

You need the support of a reputable legal team as quickly as possible to keep your life and future from crumbling. The LLF Law Firm Criminal Defense Team is your best bet. If you're hesitant, consider all the benefits they offer, such as:

• Competent Legal Guidance: PFA orders and stalking charges can be difficult to understand, especially if you don't know why the plaintiff is accusing you. By going to the LLF Law Firm Criminal Defense Team for help and advice, you can make sure to present your best self to the court and increase your chances of beating the charges.
• Support As Long As You Need It: The LLF Law Firm Criminal Defense Team is ready and eager to guard you from the worst penalties and ramifications of a stalking conviction and PFA order. However, they'll also go above and beyond that, offering their services to help you win appeals, disputes, and modification requests. They'll be at your side as much as it takes to preserve your reputation and future.
• Thorough and Customized Defense Strategies: Although the LLF Law Firm Criminal Defense Team already knows the best methods for advocating on behalf of their clients in court, they also know how to personalize their defenses to each individual situation. They'll take into account every aspect of your character, personality, background, and circumstances that the court needs to understand to sympathize with your side of things so that they see you as more than a criminal.

Stalking charges and PFA orders don't have to stop you from leading a full and rewarding life in Washington County. With the right legal assistance, you can move forward with confidence, dignity, and clarity, and that's what the LLF Law Firm Criminal Defense Team offers you. Learn more today by calling the LLF Law Firm offices at 888-535-3686 or filling out a confidential consultation form.