Domestic Violence and Stalking Defenses

Understanding Stalking as Part of Domestic Violence

Stalking involves a series of persistent, unwanted behaviors rather than a single isolated incident. According to the National Coalition Against Domestic Violence (NCADV), one in six women and one in nineteen men experience stalking during their lifetime. While this is already a disturbing crime, it becomes even more unsettling when it occurs within the context of a current or former intimate relationship.

What Constitutes Domestic Violence in Pennsylvania?

Recognizing Domestic Violence

Pennsylvania law, including in Mercer, does not explicitly separate the terms domestic violence, stalking, or assault. However, cases involving individuals in a “domestic relationship” are handled differently. According to state legislation, a “domestic relationship” includes the following scenarios:

• Living together as partners or having previously cohabited, including those sharing a child.
• Being in or having been in an intimate relationship with the offender.
• Relations between a parent and child.
• Other familial relationships with the alleged offender.

Under Section 6102-Title 23-DOMESTIC RELATIONS, domestic violence can include various crimes, such as:

• Causing physical harm recklessly.
• Sexual assault, including rape and incest, with or without a deadly weapon.
• Threats of bodily harm.
• Indecent assault, sexual abuse of minors, or false imprisonment.
• Causing reasonable fear of harm by stalking behavior.

A Mercer criminal lawyer can help clarify the reach of these laws when navigating complex cases.

How to Identify Stalking Behaviors

Legal Definition of Stalking in Pennsylvania

Stalking, under Pennsylvania law (Section 2709.1-Title 18-CRIMES AND OFFENSES), refers to behavior or communication designed to create reasonable fear of physical harm or substantial emotional distress. This offense often involves repeated actions as part of a deliberate course of conduct.

Initially categorized as a first-degree misdemeanor, stalking can escalate to a felony charge (third degree) in cases such as the following:

• When the stalking is continually repeated.
• If the offender has a documented history of violence against the same victim, often a family member.
• When a victim has a Protection From Abuse order (PFA) in place against the offender.

It is essential to note that submitting a false stalking report is considered a serious offense, also punishable under Pennsylvania law.

Common Stalking Behaviors

Stalking behaviors can include actions such as:

• Violating protective orders.
• Harassing the victim repeatedly.
• Trespassing on or near the victim’s property.
• Making obscene calls or sending alarming messages.
• Tampering with the victim’s car or disabling it.
• Monitoring the victim’s movements relentlessly.
• Interfering with home security systems.

If you’re facing accusations of stalking in Mercer, consulting a trusted Mercer DUI attorney or criminal lawyer is highly recommended to safeguard your rights.

Stalking Penalties in Pennsylvania

The penalties for stalking in Pennsylvania can be severe, especially in Mercer. The consequences depend on whether it is classified as a misdemeanor or felony offense.

• First-Degree Misdemeanor
  • A fine of up to $10,000.
  • Imprisonment for up to five years.
• Third-Degree Felony
  • A fine of up to $15,000.
  • Imprisonment for up to seven years.

These penalties can be even harsher if the victim is a minor, an elderly person, or when the offender violates a PFA. Additionally, arrests may be made without a warrant in certain domestic violence-related stalking offenses.

Building a Defense Against Stalking Charges

Potential Defense Arguments

If you’re facing stalking charges in Mercer, there are several possible defense strategies that a Mercer criminal lawyer may consider. These include:

• Lack of sufficient evidence proving the alleged offense beyond a reasonable doubt.
• Instances where the accused is mistakenly identified as the offender.
• Cases where the victim has submitted a dishonest or malicious accusation.

Important Precautions During Legal Proceedings

Being accused of stalking is serious, and it is critical to approach the situation cautiously. If you’re in this situation:

• Avoid contacting the alleged victim, even if you believe the accusations to be false.
• Work closely with an experienced Mercer criminal lawyer or DUI attorney to ensure your case is handled skillfully and professionally.

Seeking Assistance in Mercer

Navigating the complexities of stalking-related legal cases can be overwhelming, but you don’t have to face it alone. At the Logue Law Group, our Mercer lawyer team now serves Mercer residents with dedicated legal support to protect your rights.

Call us today at 844.PITT.DUI or reach out to Attorney Sean Logue directly. Whether you need a Mercer DUI attorney for associated charges for your defense, we’re here to guide you every step of the way.