Defenses Against Domestic Violence and Stalking Charges

Stalking involves repeated unwelcome conduct that can cause significant alarm. The National Coalition Against Domestic Violence (NCADV) reports that approximately one in six women and one in nineteen men have faced stalking situations. This behavior is particularly concerning when the individual being stalked has a current or historical intimate connection to their stalker.

Understanding Domestic Violence in Pennsylvania

In Pennsylvania, domestic violence is legally seen as indistinguishable from stalking and assault. However, how a domestic violence case is managed will differ if there is a domestic relationship between the accused and the accuser. A domestic relationship is defined by the state as:

• Cohabiting partners, or individuals who share a child.
• Those in a past or ongoing sexual relationship.
• Parent-child relationships.
• Any other familial connections.

Per Section 6102-Title 23-DOMESTIC RELATIONS, crimes of domestic violence include actions that lead to physical harm, sexual offenses including assault or rape, threats of physical harm, incest, indecent assault, sexual abuse of minors, false imprisonment, and also the act of pursuing someone to instill fear of physical harm.

Identifying Stalking

Stalking under Pennsylvania law involves behaviors or communications meant to incite fear of injury or severe emotional distress. Detailed in Section 2709.1-Title 18-CRIMES AND OFFENSES, stalking covers consistent behaviors that contribute to a person’s ongoing harassment. Stalking is initially classified as a first-degree misdemeanor and escalates to a felony in cases of:

• Recurrent stalking behavior.
• Previous history of violence by the perpetrator towards the family member.
• The existence of a Protection From Abuse Order (PFA) against the individual.

False accusations or reports of stalking are illegal as per state law, with penalties for wrongly implicating someone or making a fraudulent report.

Behaviors and Consequences of Stalking

Stalking can manifest in multiple forms, which include but are not limited to breaching a protective order, ongoing harassment, unauthorized trespassing, making lewd calls, vehicle tracking, interfering with home security systems, and continual surveillance. At Logue Law Group, our Beaver criminal lawyers are ready to assist those facing such charges.

The repercussions for stalking in Pennsylvania are significant. A first-degree misdemeanor can result in a fine of up to $10,000 and a maximum of five years in prison. The stakes are higher for a third-degree felony, with fines reaching $15,000 and potential imprisonment for up to seven years. Charges and subsequent penalties become more critical under certain conditions such as when the stalking involves minors or the elderly, breaches a PFA, or is related to domestic violence. In such instances, law enforcement may perform an arrest without requiring a warrant.

Defense Strategies for Stalking Charges

If you’re accused of stalking, several defense strategies are available. They can range from the inability of the prosecution to substantiate the charge to situations where there is a case of mistaken identity or deliberate falsehood by the accuser.

Our Advice

Should you find yourself embroiled in a legal predicament regarding stalking, we urge prudence in your dealings. Refrain from direct communication with the purported victim, particularly if you’re under the impression of being falsely accused. Allow Attorney Sean Logue to navigate the complexities of your case with expertise.

We are here to provide the help you need. For support, contact us at 844.PITT.DUI. As dedicated Beaver DUI lawyers, our commitment is unwavering in defending your rights and offering the necessary legal guidance.