Domestic Violence and Stalking Defenses

Stalking is not just a one-time occurrence but a series of persistent and invasive actions. According to the NCADV, one in six women and one in nineteen men have been victims of stalking. While stalking is already disturbing in violent relationships, it becomes even more dangerous when it involves a current or former partner.

Understanding Domestic Violence Under Pennsylvania Law

Pennsylvania law does not differentiate between domestic violence, stalking, and assault. However, cases are treated differently when the victim and the offender share a domestic relationship. The legal framework defines a “domestic relationship” as:

• Living together as current or former partners or sharing a child.
• Being in a past or current sexual relationship with the person.
• Sharing a parent-child relationship.
• Having any other familial connection with the individual.

Under Section 6102 – Title 23 – DOMESTIC RELATIONS, domestic violence crimes may include a wide spectrum of acts, such as:

• Physical injuries caused recklessly.
• Sexual assault or rape of any form.
• Threatening or instilling reasonable fear of bodily injury.
• False imprisonment or indecent assault.
• Sexual offenses involving minors.
• Following the victim without authorization with the intent to cause fear (stalking).

Penalties for domestic violence escalate if these offenses occur with aggravating circumstances or involve minors. Somerset residents seeking clarity or representation can reach out to a Somerset criminal lawyer.

How to Identify Stalking?

Stalking is defined under Section 2709.1 – Title 18 – CRIMES AND OFFENSES as any behavior or communication designed to cause reasonable fear of physical harm or significant emotional distress. Acts of stalking may include a series of incidents that form a “course of conduct,” such as repeated following or harassment.

Degrees of Stalking:

• First-degree misdemeanor: Initial offense with up to $10,000 in fines and five years imprisonment.
• Third-degree felony: Charges escalate with history, repeated behaviors, or additional aggravating factors, punishable by a $15,000 fine and seven years in prison.

Charges for stalking become more severe when:

• The victim has a Protection From Abuse (PFA) Order.
• A minor or an elderly person is targeted.
• The offense occurs within a domestic violence context.

Arrests for such scenarios may even occur without a warrant. To understand your case thoroughly, contact a Somerset DUI attorney for expert advice.

Common Stalking Behaviors and Outcomes

Often, stalking behaviors include, but are not limited to:

• Violating protective orders.
• Repeated harassment, voice calls, or obscene communications.
• Trespassing or disabling safety measures, like security systems or vehicles.
• Continuous surveillance or tracking.

Stalking conviction penalties also increase progressively based on the perpetrator’s actions or history. Victims in Somerset should consult a criminal lawyer to explore available legal protections.

Defenses Against Stalking Allegations

Securing a sound legal defense often relies on examining the evidence and challenging the allegations. Common defense strategies might involve:

• Highlighting lack of evidence proving the offense occurred as described.
• Addressing cases where the alleged victim falsely accuses or misidentifies the perpetrator.

A Somerset criminal lawyer can develop a defense tailored to your specific case circumstances by evaluating all available evidence. Remember, stalking charges are complex and legal expertise is necessary to handle such cases.

Suggestions for Individuals Facing Stalking Allegations

Do’s:

• Seek immediate legal counsel. A criminal lawyer experienced in such cases will help protect your rights and represent you effectively.
• Document all relevant incidents, messages, or accusations for your attorney.

Don’ts:

• Do not contact the victim, regardless of the circumstances or your intentions. This could complicate your case further.

Attorney Sean Logue and his team in Somerset are ready to assist you. Our experienced attorneys, including your trusted Somerset DUI attorney, will guide you through each step.

Speak to a Professional Defense Attorney Today

If you’re facing legal challenges involving stalking or domestic violence in Somerset, it’s essential to act promptly. Attorney Sean Logue and his accomplished legal team are here to offer the help you need. Whether you’re seeking the advice of a Somerset criminal lawyer we provide the expertise and dedication your case deserves. Call us today to protect your rights.

To connect with a dedicated Somerset criminal lawyer, call 844.PITT.DUI or contact Logue Law online for a free consultation. Whether you’re navigating harassment claims or other legal concerns, a Somerset DUI attorney from the Logue Law team is ready to help. Don’t wait to get the legal support you need!.