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Laws on Stalking

If you have someone stalking you, it can be quiet a scary and alarming experience. Mixed with the fear is uncertainty about which direction to go, anxiety over making the stalker mad that may cause the stalker to do something more extreme. That stalking is a crime that could result in fines and penalties doesn't always deter stalkers. Victims don't always know their rights or what measures they should take to safeguard themselves. The victim's legal ignorance can sometimes play to the stalker's advantage. When unsure of what to do, many turn online for Expert opinion. Below are answers by Criminal Lawyers on JustAnswer to the most common questions about Stalking.

What are the laws on stalking in Pennsylvania?

Additional Question: Are the laws the same in every county within the state?

In Pennsylvania the laws on stalking are essentially the same in every county. Stalking is considered a crime against the victim. A person is normally guilty of stalking if intentionally being unkind, taking on a pattern of behavior or actions over a period of time, directed at a certain person. This can includes:

  • Causing seriously alarms or annoying that person
  • Something that would cause a person to suffer a large amount of emotional suffering
  • Making a threat with the intention of placing the person in danger, fear of death or bodily injury.

These type of acts or threats would include, but are not limited to the behavior, acts or threats either by mail or telephone or any device including but not limited to electronic mail, or internet would constitute stalking.
 

What is the statute of limitations on stalking in Pennsylvania?

In Pennsylvania the statute of limitations is two years for a misdemeanor and five years for a felony. A victim has the above time limit from the time the stalking took place to file a complaint. If you are facing a stalking situation and are unsure of what you should do or what the law is in your state, the Criminal Lawyers on JustAnswer can help answer state specific legal questions about stalking laws.

How can someone place an order on someone else to prevent stalking?

A temporary prevention from stalking is normally ordered by the court if it deems by the paperwork submitted that there might be stalking. Stalking is anything that constitutes an intentional harassment of another person that places that person or other person in fear of their safety. Harassment is the intentional act of conduct directed at a certain person that alarms, annoys torments or terrorizes that person. Stalking and harassment must include an act on the part of the stalker, and contain two or more acts over a period of time, either short or long term, that would cause an amount of emotional stress on the victim. After a temporary order is granted, a hearing would normally follow to decide whether or not the order to prevent stalking should be extended or revoked.

Would a private investigator be considered as someone stalking?

In most cases the actions of a private investigator may not constitute as stalking. Each state has their own definition of stalking or harassment crimes and these are usually different from the actions of most private investigators. Most laws require the stalking to take place over a period of time. Most stalking laws also require that the stalker is placing the individual in emotional distress, and fear of injury or even death. Some laws even state that stalking must serve no lawful purpose, and some laws protect the provisions of freedom of the press. Each situation can have its own peculiarities that may or may not constitute stalking or harassment. If you are unsure of your situation or need state specific answers to stalking laws, you can ask a Criminal Lawyer on JustAnswer for legal insight.

In California what can someone do to gain protection against stalking?

If someone in the state of California feels they are being stalked and they feel their life might be in danger, they can apply for a Temporary Restraining Order based on the stalker's actions. They can go to their country clerk and ask for a form to request temporary restraining orders. The clerk can even help them fill out the form. In most cases the judge will look over the documents presented and make their decisions within twenty-four hours.

There are many different laws on stalking that vary from state to state. While all laws are intended to protect someone that has been stalked, their scope, interpretation of stalking and the legal provisions to the victims can vary. A quick and easy way to determine the best course of action in your particular situation and to get state-specific legal provisions available to you, you can ask a Criminal Lawyer on JustAnswer for Expert opinions and legal insights on your case.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2457
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
characters left:
5 Criminal Lawyers are Online Now

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    Ask follow up questions if you need to.
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    Rate the answer you receive.

Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
Satisfied Customers: 2079
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Stalking Questions

  • A friend of mine awhile back received some pictures of me that

    A friend of mine awhile back received some pictures of me that were personal. Later on he found someone and that part of our lives stopped. However, his girlfriend/wife found them as he had saved them after i asked him to delete the photos for security reasons. Now she's threatening me to stop talking to my friend or else she'll post my pictures online. Im now on my way to getting married and starting a family and i really don't want to continue on if this problem shows up in the future. Is it possible to get her to understand that anything bad can happen if this continues?
  • Hello, My sons mother (Jennifer) and I have had a volatile

    Hello,
    My sons mother (Jennifer) and I have had a volatile
  • Evens:1-- A Temporary ALLEGED DOMESTIC VIOLENCE (DV) Injunction

    Evens:
    1-- A Temporary ALLEGED DOMESTIC VIOLENCE (DV) Injunction was issued by Judge X.
    2--- The DV EXPIRED without any violations.
    3—the petiole filed an alleged Violation of the EXPIRED INJUNCTION ATER ABOUT 30 days after the DV EXPIRED.
    4—The Same Judge (X) received it, BUT, he claimed that he had no JURISDICTION over the case, yet, HE DENYED IT, AND INSRUCTING the petitioner to go to the POLICE.
    5—I was arrested about a week late that based was ON the same allegation and the SAME INJUNCTION that the JUDGE claimed HAD NO URISDICTION?????????
    ALTHOGH “pursuant to Florida Statutes and Local Rule R-09/29/94,and The Judges assigned to the Domestic Violence Criminal Division shall hear the following criminal misdemeanor matters:
    CRIMINAL CONTEMPT AND VIOLATION OF INJUNCTIONS CHARGES: All charges of criminal contempt of injunctions and all violations of injunctions for protection pursuant to Chapter 741, Florida Statutes or Chapter 784, Florida Statutes, will be heard by the designated Domestic Violence Division Judge. Such charges include all misdemeanor injunction violation cases involving domestic, dating, repeat violence or stalking injunction violations. All criminal violations of injunctions filed in the Branch Courts shall be transferred to the Domestic Violence Criminal Division.
    “FLORIDA STATUTE BELOW STATE CLEARLY THAT “
    The When Does a Judge CLAIM that he has NO JURICIDICTION in CASE of DOMESTC VILOENCE that judge has ISSUED himself. BUT, when the DV expired, and MALICOUCLY the PETITIONER THROUGH HER ATTORNEY, FILED “a CONTEMPT OF COURT” based on the same DENYED MOTION above.
    THE ELEVENTH JUDICIAL CIRCUIT
    MIAMI-DADE COUNTY, FLORIDA
    (Court Administration)
    ADMINISTRATIVE ORDER
    IN RE: PROCEDURES FOR THE ASSIGNMENT OF CRIMINAL CASES WITHIN THE DOMESTIC VIOLENCE DIVISION OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
    _______________________________
    WHEREAS, pursuant to Local Rule R-09/29/94 (“Local Rule”), the Domestic Violence Division of the Circuit and County Courts in the Eleventh Judicial Circuit was established (“DV Division”), to, inter alia, be responsible for the disposition of certain matters in connection with domestic, dating, sexual, stalking, and repeat violence arising under Chapter 741, Florida Statutes and Chapter 784, Florida Statutes, respectively; and
    WHEREAS, the Local Rule also entrusts the DV Division with jurisdiction over all misdemeanor cases involving domestic, dating, sexual, stalking and repeat violence and criminal violations of injunctions;
    NOW, THEREFORE, pursuant to the authority vested in me as Chief Judge of the Eleventh Judicial Circuit of Florida, under Rule 2.215, Florida Rules of Judicial Administration, it is hereby ORDERED:
    The Judges assigned to the Domestic Violence Criminal Division shall hear the following criminal misdemeanor matters:
    1. CRIMINAL CONTEMPT AND VIOLATION OF INJUNCTIONS CHARGES: All charges of criminal contempt of injunctions and all violations of injunctions for protection pursuant to Chapter 741, Florida Statutes or Chapter 784, Florida Statutes, will be heard by the designated Domestic Violence Division Judge. Such charges include all misdemeanor injunction violation cases involving domestic, dating, repeat violence or stalking injunction violations. All criminal violations of injunctions filed in the Branch Courts shall be transferred to the Domestic Violence Criminal Division.
    2. MISDEMEANOR CHARGES: All other misdemeanor criminal cases involving family or household members as defined in Chapter 741, Florida Statutes, and current or former intimate/dating partners, shall be filed in the Domestic Violence Criminal Division.
    This Administrative Order shall be effective upon execution and shall remain in effect until further order of the Court.
    DONE AND ORDERED in Chambers at Miami-Dade County, Florida, this 3rd day of December, 2013.
    BERTILA SOTO, CHIEF JUDGE
    ELEVENTH JUDICIAL CIRCUIT OF FLORIDA.
    Question
    IS THIS LEGAL, for, a judge to claim NO JUTRISDICTIONS, when DOES, and INDIRECTLY TO THE POLICE TO ARREST ME?
    I do know that my ex-wife attorney has connections with the judges, and others, and he gets WHAT he wants.
    Could CHECK THIS JURISDICTION issue, and I am willing to pay more for JUSTICE?
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