Domestic Violence and Stalking Defenses

Stalking is not an isolated incident but rather a series of persistent offensive behaviors that can leave victims feeling fearful and distressed. Shockingly, one in six women and one in nineteen men have experienced stalking, according to the National Coalition Against Domestic Violence (NCADV). While stalking is already unnerving in violent relationships, it becomes even more alarming when it involves a former or current partner.

Defining Domestic Violence in Pennsylvania

In Pennsylvania, the law does not distinguish between domestic violence, stalking, and assault. However, the handling of a domestic violence case changes when the victim and offender share a “domestic relationship.” The state defines a domestic relationship as:

• Living together as partners, or being former or current partners with a child together.
• Having a former or current sexual relationship with the offender.
• Being a parent and a child.
• Having some other familial relationship with the offender.

Under Section 6102, Title 23 of the Domestic Relations Code, domestic violence crimes include various offenses such as physical injuries caused recklessly, sexual assault or rape, threats of bodily harm, indecent assault, sexual abuse of minors, false imprisonment, and intentionally instilling reasonable fear of bodily harm by following the victim without authority.

Recognizing Stalking Behavior

According to Pennsylvania law, stalking involves any act or communication that intends to cause reasonable fear of bodily injury or substantial emotional distress. Section 2709.1 of Title 18, Crimes and Offenses, states that stalking can encompass multiple acts as part of a course of conduct. Initially classified as a first-degree misdemeanor, stalking becomes a felony under the following circumstances:

• The stalking occurs repeatedly.
• The offender has a history of violent acts towards the same family member.
• The victim has obtained a Protection From Abuse Order (PFA) against the offender.

It is important to note that filing a false stalking report is considered either falsely incriminating someone or submitting a fictitious report, both of which are offenses according to Pennsylvania law.

Stalking: Behaviors, Penalties, and Defenses

Engage the support of the Logue Law Group, Beaver’s leading team of lawyers, when faced with the repercussions of stalking. Our professional expertise will guide you through this complex matter.

Stalking encompasses various behaviors, including violating protective orders, repeated harassment, trespassing, making obscene calls, tampering with home security, and relentless monitoring.

In Pennsylvania, the consequences for stalking are severe. A first-degree misdemeanor can result in a $10,000 fine and up to five years of imprisonment, while a third-degree felony can encompass a $15,000 fine and up to seven years of imprisonment. Notably, stalking charges can escalate when specific circumstances arise, such as when the victim is a minor or elderly, when a PFA has been violated, or when the offense is classified as domestic violence. In such scenarios, arrests can be made without a warrant.

Defending Against Stalking Charges:

When mounting a defense against stalking charges, explore multiple avenues:

• Lack of Proof: Challenge the prosecution to provide sufficient evidence of the offense.
• Mistaken Identity or False Accusations: Highlight instances where the victim mistakenly accuses the wrong person or deceitfully lies.

Our Recommendations:

If you find yourself embroiled in a stalking-related legal situation, exercise caution and refrain from contacting the victim directly, even if you believe in your innocence. Entrust Attorney Sean Logue to handle your case with precision and expertise.

For immediate assistance, call us today at 844.PITT.DUI. As your Beaver DUI Lawyer and Beaver Criminal Lawyer, we are devoted to protecting your rights and providing the steadfast legal support you deserve.