Domestic Violence and Stalking Defenses

Stalking is not an isolated incident but rather 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 distinguish between domestic violence, stalking, and assault. However, how a domestic violence case is handled differs when the victim and offender share a “domestic relationship.” The state defines a domestic relationship as:

• 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.

Under Section 6102-Title 23-DOMESTIC RELATIONS, domestic violence crimes include various forms of physical injuries caused recklessly, any type 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 instilling reasonable fear of bodily harm by following the victim without authority.

How to Know You Are Being Stalked?

According to Pennsylvania law, stalking encompasses 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 classified as a first-degree misdemeanor, but it escalates to a felony in the following circumstances:

• 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.

However, it is crucial to note that filing a false stalking report is considered either falsely incriminating someone or submitting a fictitious report, as per Pennsylvania law.

Stalking Behaviors, Penalties for Stalking and Defenses to Stalking

When it comes to stalking, there are various behaviors that fall under its umbrella: violating a protective order, repeated harassment, trespassing, making obscene calls, tracking or disabling a victim’s car, tampering with home security, and relentless monitoring. If you find yourself entangled in a stalking situation, the Logue Law Group is here to assist you.

Pennsylvania takes stalking seriously, imposing significant consequences. A first-degree misdemeanor can lead to a $10,000 fine and up to five years of imprisonment. For a third-degree felony, the penalties escalate to a $15,000 fine and up to seven years of imprisonment. It is essential to note that stalking charges can become more severe under specific circumstances, such as when the victim is a minor or elderly, when a protective order has been violated, or when the offense is classified as domestic violence. In these situations, an arrest can be made without a warrant. As one of the leading Washington PA Criminal Lawyers, Attorney Sean Logue is here to support you.

Defense Raise for Stalking When

When mounting a defense against stalking charges, several avenues can be explored. Possible arguments may include:

• The prosecution’s failure to prove the offense, or 
• Instances where the victim falsely accuses the wrong person or deceitfully lies.

Our Suggestions

Should you find yourself in a stalking-related legal situation, exercising caution is crucial. 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.

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