Domestic Violence and Stalking Defenses

Understanding Stalking

Stalking is a series of persistent and offensive acts, not just a one-time occurrence. According to the NCADV, one in six women and one in nineteen men have experienced stalking during their lifetime. When stalking is part of a violent relationship involving a current or former partner, it becomes even more disturbing and concerning.

Defining Domestic Violence

What Constitutes Domestic Violence in Mercer?

Under Pennsylvania law, there is no specific distinction between domestic violence, assault, and stalking. However, cases involving domestic violence are handled differently when the victim and the alleged offender are in a “domestic relationship.”

A domestic relationship is defined as:

• Current or former partners who live together or share a child.
• Individuals who have had or currently have a sexual relationship with each other.
• A parent and child.
• Any other type of familial connection.

According to Section 6102-Title 23-DOMESTIC RELATIONS, acts classified as domestic violence include but are not limited to:

• Recklessly causing physical injuries.
• Sexual assault or rape.
• Threatening bodily harm.
• Incest, committed either with or without a deadly weapon.
• Indecent assault.
• Sexual abuse of minors.
• False imprisonment.
• Intentionally causing reasonable fear of bodily harm through unauthorized surveillance or following the victim. If you are facing legal issues related to domestic violence or stalking, it’s crucial to speak with an experienced Mercer criminal lawyer,who understands Pennsylvania laws and can provide the right defense or representation.

Recognizing Stalking Behavior

How do you know you are being stalked?

Under Pennsylvania law, stalking is defined as any behavior or communication intended to induce reasonable fear of bodily harm or significant emotional distress. Section 2709.1-Title 18-CRIMES AND OFFENSES outlines that stalking commonly involves multiple acts committed as part of a repeated course of conduct.

Factors that increase the severity of stalking include:

• If the behavior occurs consistently over time.
• When the offender has a history of violent acts directed toward the victim or their family.
• When the victim has obtained a Protection From Abuse (PFA) order against the offender.

It’s worth noting that filing a false stalking report is considered a serious offense under Pennsylvania law, categorized as either submitting a false accusation or creating a fictitious report.

Common Stalking Behaviors and Legal Penalties

Stalking behaviors include:

• Violating protective orders.
• Repeatedly harassing or intimidating the victim.
• Trespassing.
• Making obscene calls.
• Tampering with the victim’s car (e.g., tracking or disabling it).
• Interfering with home security systems.
• Constantly monitoring the victim’s actions.

Penalties for stalking in Mercer:

• A first-degree misdemeanor carries penalties of up to $10,000 in fines and a maximum of five years in prison.
• A third-degree felony increases penalties to $15,000 in fines and up to seven years in prison.

Additionally, charges become much more severe under the following circumstances:

• The victim is a minor or elderly.
• A PFA has been violated.
• Stalking is part of a domestic violence offense.

Under these conditions, authorities can arrest the offender without needing a warrant. If you find yourself in this situation, reaching out to a Mercer DUI attorney is critical.

Defending Against Stalking Allegations

Key Defense Arguments:

• Insufficient Evidence: The prosecution fails to provide enough evidence to prove the offense beyond a reasonable doubt.
• Mistaken Identity or False Accusation: The victim either mistakenly identifies the wrong person or fabricates the incident altogether.

Each case is unique and requires a comprehensive legal approach. A skilled Mercer DUI attorney or criminal lawyer can effectively examine your case to create a solid defense.

Caution and Support

What to Do If You Are Accused of Stalking

If you are facing stalking-related charges, it is important to proceed with caution. Avoid any direct communication with the victim, even if you believe you can clarify misunderstandings.

Instead, consult with an experienced attorney. Attorney Sean Logue and the team at Logue Law Group have extensive experience in handling such cases. With a detailed understanding of Pennsylvania law, including areas such as domestic violence and stalking specific to Mercer, we are here to help protect your rights.

Get Trusted Legal Help Today

Don’t face these charges alone. Contact us today at 844.PITT.DUI to connect with a compassionate and skilled Mercer criminal lawyer who will represent your case with integrity and expertise. Logue Law Group is committed to your defense and standing by your side through every step of the legal process.