Stalking

What is stalking? Is it happening to you? What every stalking victim should know.

Stalking can happen to anyone. Stalking often happens when a woman is trying to leave a relationship.

Stalking involves following someone in a way that causes the victim to feel fearful or emotionally distressed. Here are some examples of stalking behavior:

• Following someone on foot or by car
• Watching someone at work or at home
• Sending unwanted letters or emails
• Making unwanted telephone calls
• Leaving unwanted cards, flowers or gifts

Many stalking victims think they did something to deserve the stalking behavior. However, this is not the case. Statistics show that stalking frequently occurs when someone tries to leave an abusive relationship. According to the Stalking Resource Centers Stalking Fact Sheet:

• 59% of female stalking victims are stalked by their intimate partner
• 30% of male stalking victims are stalked by their intimate partner

Is stalking a crime in Pennsylvania?

Stalking is a crime in Pennsylvania. There are two basic elements to the crime:

• The stalker must complete at least two acts of unwanted stalking behavior, no matter how close or far apart in time they are, and
• The victim must experience reasonable fear of serious bodily injury or substantial emotional distress.

The County District Attorney makes the final decision to file criminal charges in criminal cases, including stalking charges.

How can a Protection From Abuse (PFA) Order help me?

A Protection From Abuse (PFA) Order is an important tool for any stalking victim because it allows the police to arrest the stalker even if the police did not see the stalking behavior. The process for getting a PFA differs in every county, but the law requires the court to accept your petition without paying a filing fee. You will need to prove the following two things in order to get a PFA: @You are either related to the stalker, married or previously married to the stalker, you have a child(ren) with the stalker, or you have an intimate relationship with the stalker (either sexual or dating), and @You were followed or contacted by the stalker for no lawful reason and you fear that the stalker will cause you serious bodily injury. (There are ways to prove other abuse that does not involve stalking. Speak to a domestic violence advocate to find out more about PFAs.) When you get a PFA you can ask the court to order that the stalker have no contact with you at home, work or school, as well as many other protections.

What is a Defiant Trespass Letter and how can it help?

Sending a stalker a letter telling them that you do not want them near your home, work or school and that you do not want contact with them can be a powerful tool. This kind of letter is most effective if you can prove the stalker received it and the police get a copy.

While this strategy may work in some cases, be careful not to reveal more information to the stalker than is necessary. Contact an attorney or discuss this option with your local domestic violence advocate if you have more questions.

How can filing a criminal charge help keep me safer?

If you are being stalked and a criminal complaint is filed, you may be eligible for a victim/witness protective order. This is a type of order that prosecutors may request for victims and witnesses in any criminal case, including stalking cases. A victim/witness protective order will allow police to arrest the stalker more quickly. The court may order the stalker to stay away from your home, work, school or even your neighborhood altogether.
The requirements for a criminal victim/witness protective order are:

• A criminal complaint must be filed;
• The prosecutor must request the protection from the court; and
• The court must find there is substantial evidence that the victim/witness has been or is likely to be intimidated.

Stalking victims should know that victim/witness protective orders are sometimes hard to get and the protection they give the victim only lasts until the criminal case is decided. If criminal charges are not filed or if the prosecutor doesnt ask the court to issue a victim/witness protective order, you still have the other options previously described:

• A Protection From Abuse Order. Your relationship with the stalker must meet certain legal definitions in order to qualify for a PFA.
• A Defiant Trespass Letter: You may want to send the stalker a formal notice, with copies to your local police department, that you do not want to be followed or contacted.