The only time of restraining orders available in Pennsylvania require a showing of abuse or potential fear of abuse. So if you have evidence of that, you are eligble to file a restrainng order. Below are the requirements for the restraining order in Pennsylvania:
Pennsylvania's Protection From Abuse Act defines abuse as the occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood:
- Attempting to cause or intentionally, knowingly or recklessly causing (with or without a weapon):
- bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault,
- indecent assault or incest
- Placing another in reasonable fear of imminent serious bodily injury. In other words, threats of physical violence.
- False imprisonment.
- Physically or sexually abusing minor children.
- Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury. In other words, stalking or harassment that makes you afraid of bodily injury
If you wish to proceed with the restraining order you can access the forms and instructions here.
According to Pennsylvania law, stalking
is defined as: "engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority, under circumstances which demonstrate either of the following: an intent to place the person in reasonable fear of bodily injury, or an intent to cause substantial emotional distress to the person." Course of conduct
is defined as "a pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct."
If you believe they are stalking your children as defined by the PA code above, then you can contact the police and press charges. The penalty for Stalking is below:
Stalking is a first degree misdemeanor
for the first offense. A second or subsequent stalking conviction is graded as a third degree felony. Penalties range from imprisonment for up to five years and a maximum of $10,000 in fines for a first degree misdemeanor to imprisonment for up to seven years and fines up to $15,000 for a third degree felony conviction. The victim may also sue the stalker for damages through a civil lawsuit.
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