Domestic Violence and Stalking Defenses

Understanding Stalking as a Persistent Behavior

Stalking isn’t a single event but a series of ongoing, offensive actions. According to the National Coalition Against Domestic Violence (NCADV), one in six women and one in nineteen men have experienced stalking. When stalking occurs within violent relationships, it is particularly alarming, especially when it involves a current or former partner.

What Constitutes Domestic Violence?

In Pennsylvania, domestic violence, stalking, and assault are legally indistinguishable. However, the handling of a domestic violence case changes if the victim and offender share a “domestic relationship.” A domestic relationship is defined as:

• Living together as partners or having a child together as former or current partners.
• Having had a former or current sexual relationship with the offender.
• Being related as a parent and child.
• Having another familial relationship with the offender.

Under Section 6102-Title 23-DOMESTIC RELATIONS, domestic violence includes physical injuries caused recklessly, any form of sexual assault or rape, threats of bodily harm, incest (with or without a deadly weapon), indecent assault, sexual abuse of minors, false imprisonment, and intentionally causing reasonable fear of bodily harm by stalking.

Identifying Stalking

According to Pennsylvania law, stalking is any act or communication meant to instill reasonable fear of bodily injury or significant emotional distress. Per Section 2709.1-Title 18-CRIMES AND OFFENSES, stalking can include multiple acts as part of a pattern of behavior. Initially, stalking is classified as a first-degree misdemeanor, but it escalates to a felony if:

• The stalking is repeated.
• The offender has a history of violent behavior towards the same family member.
• The victim has a Protection From Abuse (PFA) order against the offender.

It’s crucial to note that filing a false stalking report can be considered falsely incriminating someone or submitting a fictitious report under Pennsylvania law.

Stalking Behaviors, Penalties, and Defenses

Stalking behaviors can include violating protective orders, repeated harassment, trespassing, making obscene calls, tracking or disabling a victim’s car, tampering with home security, and relentless monitoring. The Logue Law Group, led by our Greensburg criminal lawyer team, is here to assist you.

In Pennsylvania, stalking has severe legal consequences. A first-degree misdemeanor can result in a $10,000 fine and up to five years of imprisonment. A third-degree felony carries penalties of up to a $15,000 fine and seven years of imprisonment. Circumstances such as the victim being a minor or elderly, violating a PFA, or the offense being classified as domestic violence, can make the charges more severe. In these cases, an arrest can be made without a warrant. As one of the leading Greensburg criminal lawyers, I am committed to supporting you.

Defending Against Stalking Charges

In cases involving domestic violence and stalking, the defense can be challenging. However, there are several potential defenses that an experienced Greensburg DUI lawyer can use to fight these charges:

• Lack of intent: The prosecution must prove that the accused intended to cause fear or harm through their actions. If it can be proven that there was no intention to stalk, then the charges may be dropped.
• False accusations: In some cases, a victim may falsely accuse someone of stalking due to personal vendettas or for other reasons. A skilled Greensburg criminal lawyer can investigate and gather evidence to prove that the accusations were false.
• Insufficient evidence: Without sufficient evidence linking the accused to the alleged acts of stalking, the charges may not

Several defense strategies can be used against stalking charges, including:

• The prosecution’s failure to prove the offense.
• Mistaken identity or false accusations by the victim. 

Our Recommendations

If you find yourself in a legal situation related to stalking, it is crucial to act cautiously. Avoid contacting the victim directly, even if you believe you are innocent. Allow Greensburg criminal attorney Sean Logue to handle your case with expertise.

For assistance, please call us today at 844.PITT.DUI. As your Greensburg DUI lawyer and Greensburg criminal lawyer, we are dedicated to protecting your rights and providing the legal support you need.