Domestic Violence and Stalking Defenses

Understanding Stalking

Stalking is not an isolated event but a series of unwanted, intrusive behaviors that can cause significant distress. According to the National Coalition Against Domestic Violence (NCADV), one in six women and one in nineteen men will experience stalking at some point in their lives. While stalking is unnerving under any circumstances, it becomes even more alarming when it involves a former or current partner within the context of a domestic relationship.

Defining Domestic Violence in Pennsylvania

What Constitutes Domestic Violence?

Pennsylvania law does not distinguish between domestic violence, stalking, and assault. However, how these cases are approached can differ significantly if the victim and offender share a “domestic relationship.” According to state law, a domestic relationship includes:

• Living together as partners or having a child together (former or current partners).
• Having a past or current sexual relationship with the offender.
• Being related as a parent and child.
• Sharing any other familial relationship with the offender.

Under Section 6102 – Title 23 – DOMESTIC RELATIONS, domestic violence crimes encompass various offenses, including but not limited to:

• Recklessly causing physical injury.
• Sexual assault and rape.
• Threatening bodily harm.
• Incest (with or without a weapon).
• Indecent assault and sexual abuse of minors.
• False imprisonment.
• Intentionally instilling reasonable fear through unauthorized pursuits.

If you are dealing with charges related to these offenses in Erie County, having an experienced Erie criminal lawyer is essential.

How to Identify Stalking?

Pennsylvania law defines stalking as any action or type of communication intended to instill reasonable fear of bodily harm or substantial emotional distress. Section 2709.1 – Title 18 – CRIMES AND OFFENSES explains that stalking can encompass multiple acts across a continuous course of conduct. Initially categorized as a first-degree misdemeanor, stalking charges escalate to a felony under certain circumstances, such as:

• Repeated stalking incidents.
• History of violent acts against the same family member.
• Situations where the victim has an active Protection From Abuse (PFA) order.

Importantly, Pennsylvania law also penalizes false stalking reports. Filing a baseless claim is classified as providing false information or submitting a fictitious report, a severe offense in its own right. If you find yourself involved in such a legal matter, consult an Erie DUI attorney from the trusted Logue Law Group.

Stalking Behaviors, Penalties, and Defenses

Examples of Stalking Behaviors

Stalking is characterized by persistently invasive and intimidating actions. Common examples include:

• Violating a PFA or other protective orders.
• Repeated harassment through different mediums.
• Trespassing on the victim’s property.
• Making obscene calls or relentless communication.
• Tracking the victim’s movements or tampering with their vehicle.
• Interfering with home security systems.
• Monitoring the victim’s activities without their consent.

Penalties for Stalking in Pennsylvania

The legal consequences of stalking in Erie County can be severe. For a first-degree misdemeanor, a convicted individual may face:

• A fine of up to $10,000.
• Up to five years in prison.

For a third-degree felony, penalties increase to:

• A fine of up to $15,000.
• Up to seven years in prison.

The penalties intensify when the victim is a minor, elderly, or when the offense violates a PFA. These scenarios can lead to immediate arrest without a warrant. If faced with stalking allegations, consulting an experienced Erie criminal lawyer at the Logue Law Group is pivotal to safeguarding your rights.

Building a Stalking Defense

Defending against stalking charges requires careful examination of the case. Possible defenses include:

• Demonstrating insufficient evidence to prove the alleged offense.
• Proving mistaken identity when the victim accuses the wrong person.
• Establishing that the accusations are false or maliciously fabricated.

Consulting a qualified Erie DUI attorney ensures your defense is handled with diligence and expertise.

Recommendations from the Logue Law Group

If you find yourself facing legal issues related to stalking, take the following steps to protect yourself:

1. Avoid Direct Contact with the Victim

Even if you believe you are innocent, do not try to reach out to the victim. This could have unintended legal consequences.

2. Engage Professional Legal Support

Allow attorney Sean Logue and the experienced team at the Logue Law Group to manage your case. Their expertise in handling stalking cases ensures your rights are protected throughout the legal process.

For trusted assistance, contact us at 844.PITT.DUI. Whether you need an Erie criminal lawyer, the Logue Law Group is dedicated to providing you with the support and representation you deserve.