Domestic Violence and Stalking Defense Strategies

Stalking is rarely a one-time event; rather, it is typically a pattern of persistent and unwanted behaviors. The National Coalition Against Domestic Violence (NCADV) reports that one in six women and one in nineteen men have been victims of stalking. While this behavior is unsettling in any context, it becomes particularly frightening when it involves a current or former intimate partner.

Understanding the Legal Definition of Domestic Violence

In the state of Pennsylvania, the legal system treats domestic violence, stalking, and assault under specific statutes, but the handling of these cases shifts significantly when a “domestic relationship” exists between the accuser and the accused. The law defines a domestic relationship as involving individuals who:

• Live together as spouses or partners, or share a child.
• Have a current or former sexual or dating relationship.
• Are parent and child.
• Share another type of familial bond.

Under Section 6102 of Title 23 (Domestic Relations), domestic violence crimes are broad and include acts such as causing physical injury recklessly, sexual assault, rape, making threats of bodily harm, incest, indecent assault, sexual abuse of minors, false imprisonment, and intentionally causing fear of bodily injury by following someone without permission. A Morgantown criminal lawyer can help clarify these definitions.

Recognizing Stalking Behavior

According to Pennsylvania statutes, stalking is defined as a course of conduct or communication intended to cause substantial emotional distress or a reasonable fear of bodily injury. Section 2709.1 of Title 18 (Crimes and Offenses) outlines that stalking involves multiple acts forming a pattern of behavior. Initially charged as a first-degree misdemeanor, stalking can escalate to a felony charge if:

• The behavior is repeated.
• The offender has a prior history of violence against the victim.
• There is an active Protection From Abuse (PFA) order in place.

It is crucial to note that filing a false report is a crime in itself, categorized as falsely incriminating another person or submitting a fictitious report under state law. If you are facing such allegations, consulting a Morgantown DUI attorney who also handles criminal defense is advisable.

Common Stalking Actions, Penalties, and Legal Defenses

Behaviors that may constitute stalking include violating restraining orders, persistent harassment, trespassing on private property, making repeated obscene phone calls, using technology to track a victim’s vehicle, tampering with home security systems, and relentless surveillance. At Mountaineer Law Group, our legal team in Berks County is prepared to assist you.

In Pennsylvania, a conviction for stalking carries severe penalties. A first-degree misdemeanor can result in up to five years in prison and a fine of $10,000. If charged as a third-degree felony, the consequences increase to a potential seven-year prison sentence and a $15,000 fine. Charges can be aggravated if the victim is a minor or elderly, if a PFA was violated, or if the act falls under domestic violence statutes, allowing for warrantless arrests. A skilled Morgantown criminal lawyer is essential in these high-stakes situations.

When Defenses Are Raised for Stalking

There are several strategic avenues to defend against stalking allegations. Common defenses include:

• Demonstrating that the prosecution has failed to meet the burden of proof for the offense.
• Proving that the accusations are based on mistaken identity.
• Showing that the victim is making false allegations or lying.

Finding the right Morgantown DUI attorney is the first step in building these defenses.

Our Professional Recommendations

If you are entangled in a legal matter involving stalking or domestic violence, your actions moving forward are critical. We strongly advise against making any contact with the accuser, regardless of your innocence, as this can be used against you. Instead, allow the Mountaineer Law Group to manage your case with the necessary legal expertise.

For immediate assistance, contact us today at (304) 381-3656. Whether you need a Morgantown criminal lawyer or support with other charges, we are dedicated to protecting your rights and securing your future.