Domestic Violence and Stalking Defenses

Understanding Stalking

Stalking involves repeated unsettling behaviors rather than a single isolated incident. According to the NCADV, approximately one in six women and one in nineteen men have experienced stalking. These behaviors can be especially troubling in the context of violent relationships, particularly when they involve a former or current partner.

What is Domestic Violence?

In Pennsylvania, the law does not distinctly categorize domestic violence, stalking, and assault. However, cases of domestic violence are treated differently when the victim and offender share a “domestic relationship.” Such a relationship is defined by the state as:

• Partners currently or previously living together or having a child together
• A previous or current sexual relationship with the offender
• Parent-child relationships
• Other familial connections with the offender

 Under Section 6102-Title 23-DOMESTIC RELATIONS, domestic violence offenses include causing physical injury recklessly, any sexual assault or rape, threatening bodily harm, incest (with or without a weapon), indecent assault, sexual abuse of minors, false imprisonment, and deliberately instilling fear of bodily harm by following the victim without authorization.

Recognizing Stalking

In Pennsylvania, stalking comprises any actions or communications intended to cause reasonable fear of physical harm or significant emotional distress. Section 2709.1-Title 18-CRIMES AND OFFENSES specifies that stalking can involve multiple acts as part of a continuous course of conduct. Initially, stalking is classified as a first-degree misdemeanor, but it escalates to a felony under conditions such as:

• Repeated occurrences of stalking
• A history of violent actions towards the same family member
• A Protection From Abuse Order (PFA) being in place against the offender

It’s important to note that filing a false report of stalking is considered either falsely incriminating someone or presenting a fictitious report, according to Pennsylvania law.

Stalking Behaviors, Penalties, and Defenses

Stalking Behaviors

Stalking behaviors may include:

• Violating protective orders
• Repeated harassment
• Trespassing
• Making obscene phone calls
• Tracking or disabling a victim’s vehicle
• Tampering with home security systems
• Continuous monitoring

Penalties for Stalking

In Pennsylvania, the consequences for stalking are severe. A first-degree misdemeanor can result in a $10,000 fine and up to five years in prison. A third-degree felony carries a penalty of a $15,000 fine and up to seven years in prison. Stalking charges become more severe in specific scenarios, such as when the victim is a minor or elderly, a PFA is violated, or the offense qualifies as domestic violence. In these cases, arrests can occur without a warrant.

Defenses Against Stalking Charges

Defensive strategies in stalking cases may involve:

• Demonstrating that the prosecution failed to prove the offense
• Instances where the victim mistakenly accuses the wrong person or falsely makes claims

Our Advice

If you’re involved in a legal situation related to stalking, it’s crucial to act prudently. Avoid contacting the victim directly, even if you believe you are innocent. Instead, allow Kittanning criminal attorney Sean Logue to lead your case with Our Logue Law Group expertise.

For assistance, call us today at 844.PITT.DUI. As your Kittanning DUI Lawyer and Kittanning criminal lawyer, we’re committed to safeguarding your rights and offering the legal support you require.