Understanding Domestic Violence and Stalking Defenses

Stalking and Its Impact

Stalking is a pattern of persistent, unwanted behaviors that can be terrifying and harmful. According to the National Coalition Against Domestic Violence (NCADV), approximately one in six women and one in nineteen men experience stalking in their lifetime. In cases of domestic violence, stalking becomes even more frightening when it involves an existing or former partner.

Recognizing Domestic Violence

In Pennsylvania, the law does not explicitly differentiate between domestic violence, stalking, and assault. However, the legal handling of domestic violence cases changes when the parties involved are in a “domestic relationship.” The state defines such relationships as:

• Living together as partners or being former/current partners with shared children.
• Having had or currently having a sexual relationship with the offender.
• Being a parent and child.
• Having another type of familial connection with the offender.

Legal Definition and Consequences

According to Section 6102-Title 23-DOMESTIC RELATIONS, domestic violence crimes include reckless infliction of physical injuries, 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 causing a reasonable fear of bodily harm by persistently following the victim without authority.

Identifying Stalking Behavior

Under Pennsylvania law, stalking constitutes any behavior or communication intended to cause a reasonable fear of bodily harm or significant emotional distress. Per Section 2709.1-Title 18-CRIMES AND OFFENSES, stalking involves multiple acts as part of a course of conduct. Initially classified as a first-degree misdemeanor, it escalates to a felony if:

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

It’s essential to understand that filing a false stalking report is deemed a crime, either as falsely incriminating another or submitting a fictitious report under Pennsylvania law.

Stalking Behaviors and Legal Consequences

Stalking behaviors may include:

• Violating protective orders.
• Repeated harassment.
• Trespassing.
• Making obscene phone calls.
• Tampering with a victim’s vehicle or home security.
• Relentlessly monitoring the victim.

Penalties

In Pennsylvania, stalking can lead to severe penalties. A first-degree misdemeanor can result in a $10,000 fine and up to five years in prison. For a third-degree felony, the penalties rise to a $15,000 fine and up to seven years of imprisonment. Charges become more serious under certain conditions, such as when the victim is a minor or elderly, when a PFA is violated, or when the offense is classified as domestic violence. In these instances, an arrest may occur without a warrant. At Logue Law Group, our Kittanning criminal lawyer team is ready to assist you.

Defending Against Stalking Charges

When defending against stalking charges, there are several potential defenses:

• Arguing the prosecution failed to prove the offense.
• Demonstrating that the victim mistakenly accused the wrong person or lied about the events.

Our Recommendations

If you find yourself facing stalking-related legal issues, it’s crucial to act wisely. Avoid contacting the victim directly, even if you believe you’re innocent. Instead, allow Kittanning DUI attorney Sean Logue to lead your case with expertise.

For assistance, reach out to Logue Law Group today at 844.PITT.DUI. As your Kittanning criminal lawyer, we’re dedicated to safeguarding your rights and providing essential legal support.