Domestic Violence and Stalking Defenses

Understanding Stalking in Domestic Violence Cases

Stalking is not a one-time occurrence. Instead, it involves a series of recurring and deliberate actions meant to intimidate or harm. The National Coalition Against Domestic Violence (NCADV) reveals that 1 in 6 women and 1 in 19 men have experienced stalking in their lifetime. While stalking is concerning on its own, it can be even more unsettling when it involves a current or former partner in a violent relationship.

What is Domestic Violence in Pennsylvania?

Pennsylvania law does not clearly separate domestic violence, stalking, and assault. However, how cases are handled varies when the people involved are in a “domestic relationship.” According to state law, a domestic relationship includes:

• Living together as partners or shared parenting responsibilities for a child.
• A current or past sexual relationship with the offender.
• A parent-child dynamic.
• Any familial relationship with the offender.

Under Section 6102, Title 23–DOMESTIC RELATIONS, domestic violence encompasses several crimes, including but not limited to:

• Recklessly causing physical injury.
• Sexual assault or rape.
• Threats or actions that instill reasonable fear of physical harm.
• Indecent assault or sexual abuse of minors.
• False imprisonment.
• Violating a Protection From Abuse (PFA) order with threats or physical harm.

How Do You Know If You’re Being Stalked?

According to Pennsylvania law, stalking involves repeated acts or communications intended to cause a reasonable fear of harm or extreme emotional distress. Stalking, as defined under Section 2709.1-Title 18–CRIMES AND OFFENSES, can include various behaviors as part of a “course of conduct.”

Stalking offenses are serious and carry increasing penalties depending on the circumstances. Generally, stalking is classified as a first-degree misdemeanor, but it becomes a third-degree felony if:

• The offense happens repeatedly.
• The offender has a prior history of violence against the same family member or person.
• There is a valid Protection From Abuse (PFA) order against the offender.

It’s also critical to note that filing a false report related to stalking can result in charges for making false allegations or submitting fictitious reports under Pennsylvania law.

Common Stalking Behaviors, Penalties, and Defenses

Stalking Behaviors to Watch for:

Stalking can take many forms, including:

• Violating protective orders.
• Unwanted and repeated harassment.
• Trespassing on the victim’s property.
• Making obscene phone calls.
• Tracking or disabling a victim’s vehicle.
• Tampering with home security systems.
• Monitored surveillance or relentless following.

Penalties for Stalking in Pennsylvania

If you’re charged with stalking in Fayette County, the penalties are serious.

• A first-degree misdemeanor comes with a fine of up to $10,000 and up to five years of incarceration.
• A third-degree felony can result in a fine of $15,000 and up to seven years in prison.

Penalties can increase in cases where:

• The victim is a minor or elderly individual.
• The offender has violated a Protection From Abuse (PFA) order.
• The stalking incident qualifies as an act of domestic violence.

Importantly, under these circumstances, law enforcement can arrest an offender without a warrant to ensure public safety.

Mounting a Defense Against Stalking Charges

Defending against stalking charges often requires robust legal expertise. At Logue Law Group, our Uniontown criminal lawyers can explore several defense strategies, which might include:

• Insufficient evidence from the prosecution to establish the offense.
• Misidentification of the accused or claims stemming from false allegations.

If you’re facing a stalking charge in Uniontown, seeking legal help immediately is essential. The Uniontown DUI lawyers at Logue Law Group are experienced and ready to support you.

Suggestions for Those Facing Stalking Allegations

If you’re involved in a case related to stalking, it’s critical to approach the situation carefully. Avoid contacting the victim under any circumstances—even if you believe you’re innocent.

Instead, allow a trusted attorney, such as those at Logue Law Group, to manage your defense. With extensive experience in Fayette County, our Uniontown criminal lawyers will ensure your rights are protected while providing expert legal representation.

For immediate assistance, call 844.PITT.DUI. At Logue Law Group, your defense is our priority. Whether you need a Uniontown DUI lawyer or representation for domestic violence or stalking allegations, we’re here to help you every step of the way.