Domestic Violence and Stalking Defenses

Stalking is not an isolated incident; it is a series of persistent offensive behaviors. Shockingly, according to the NCADV, one in six women and one in nineteen men have experienced stalking. While stalking is already unnerving in violent relationships, it becomes even more alarming when it involves a former or current partner.

Understanding What Domestic Violence Is

In Pennsylvania, the law does not differentiate between domestic violence, stalking, and assault. However, the way a domestic violence case is handled changes when the victim and offender are in a “domestic relationship.” The state defines a domestic relationship as follows:

• Living together as partners or being former or current partners with a child together.
• Having a former or current sexual relationship with the offender.
• Being a parent and a child, or
• Having some other familial relationship with the offender.

According to Section 6102-Title 23-DOMESTIC RELATIONS, domestic violence crimes encompass various offenses such as physical injuries caused recklessly, sexual assault or rape, threats of bodily harm, incest, indecent assault, sexual abuse of minors, false imprisonment, and intentionally instilling reasonable fear of bodily harm by following the victim without authority.

How to Know You Are being Stalked?

Pennsylvania law defines stalking as any act or communication that intends to cause reasonable fear of bodily injury or substantial emotional distress. Section 2709.1-Title 18-CRIMES AND OFFENSES states that stalking can involve multiple acts as part of a course of conduct. Initially, stalking is a first-degree misdemeanor; however, it becomes a felony when:

• The stalking occurs repeatedly.
• The offender has a history of violent acts towards the same family member.
• The victim has a Protection From Abuse Order (PFA) against the offender.

It is crucial to note that filing a false stalking report is considered either falsely incriminating someone or submitting a fictitious report, according to Pennsylvania law.

Stalking Behaviors, Penalties for Stalking and Defenses to Stalking

At Logue Law Group, we understand the seriousness of stalking and the legal consequences associated with it. Stalking behaviors encompass a range of actions, including violating protective orders, repeated harassment, trespassing, making obscene calls, tampering with home security, and more. Our team of experienced Butler PA PFA Lawyers is dedicated to assisting you throughout this challenging process.

In Pennsylvania, stalking charges can lead to severe penalties. A first-degree misdemeanor can result in a $10,000 fine and up to five years of imprisonment. For a third-degree felony, the penalties increase to a $15,000 fine and up to seven years of imprisonment. It is crucial to note that stalking charges can become even more severe in certain circumstances, such as when the victim is a minor or elderly or when the offense involves domestic violence. In such situations, an arrest can be made without a warrant. As one of the leading Butler PA Criminal Lawyers, we are here to provide you with the necessary support and guidance.

Defenses raise for Stalking When

When it comes to mounting a defense against stalking charges, there are several avenues to explore. Our skilled attorneys can argue that: 

• The prosecution has failed to prove the offense, or
• Present evidence where the victim mistakenly accuses the wrong person or deceitfully lies.

Our Suggestions

If you find yourself in a stalking-related legal situation, it is crucial to exercise caution in your actions. We strongly advise against contacting the victim directly, even if you believe you are innocent. Let Attorney Sean Logue take the helm and handle your case with expertise and professionalism.

For immediate assistance, please call us today at 844.PITT.DUI. As your trusted Butler PA DUI Lawyer and Butler PA Criminal Lawyer, we are dedicated to protecting your rights and providing you with the legal support you need.