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Questions about Stalking Laws

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 state laws in Pennsylvania on stalking? Are the laws the same in every country 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 are 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 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.

Recent Stalking Questions

this email below was sent to the FBI, to the 24th District

this email below was sent to the FBI, to the 24th District police, the mayors office, the attorney generals office,the commissioners office and detectives in New york. the person that is harrassing my sister and threatening our family was in a picture with the mayor this morning...what can i do as the city is doing nothing to protect us
Hi Marc how are you? I hope all is well. Once again I need some direction from you as you have always been helpful in the past. I am not sure if I need legal representation and if so point me in the direction I need to go.

I wanted to tell you I am sitting here crying as I write this... I have had it with this Rocky dude aka XXXXXXX. My nerves are shot, my Dad is ill, and losing more weight from the stress...My sister (this is her ex boyfriend, and also has helped him with money and food in the past because she felt sorry for him etc...because at the present time he is living at XXXXXX in a homeless shelter. She has a restraining order that needs to be served before she goes back to court on May 23rd....all the terriostic threats, vandalism, stalking , harassing, we have made 2 attempts already and unsuccessful. She went to the shelter at 4 am on Saturday morning and called the 22nd district police to serve it and they never showed up, cost her $60 bucks that she does not have for a cab and once at his last known residence. I had to call woman against abuse for my sister so she can get safely to court. He went to her doctor and said she was selling her zanax on the street...after the abuse she takes from him im surprised she did not take the whole bottle already. I also called Pennsylvania Corporaton for Aging for my dad so that he had some guidance and protection...XXXXXX has checked on him every day and I love her for that. I cannot get in touch with anyone in the victims assistance unit...I have been trying Officer XXXXXX for 2 days and she is not in AND THEY say no one can help my sister...I had to remove my 84 year old elderly father who is a disabled veteran who just wants to live his life in peace and bring things back to normal. I have my 15 year old niece with me as well at my residence for their safety. Ask his neighbors they love my father, he wouldn’t hurt a fly, he can't even go to the shop rite or Wal-Mart without protection from the security guards there. WE ARE ALL LIVING IN Fear, Always looking over our shoulder, he comes too close for comfort and backs off like a sewer rat... Friday I got to my Dads and he was waiting there, I had to let the house alarm go off so the cops would come...everyone knows there is something wrong with him... The man is out of control, detectives in New York are looking for him, he has threatened my sister's life, my father's and my nieces life. I believe he made a bomb threat to his kids school in new York (not sure how true this is but NY detectives were looking for him at my neighbors) . I am also faxing a copy of this email to the US Attorney General's office because they were looking for him for his workers comp claim fraud after he was on compensation , sued Lowe's and seen running up and down the art museum steps on a You Tube video that went viral.

There are countless calls to 911 that he makes as false calls to my father's residence, makes 911 calls to the police to come get his possessions, I put them on the curb last week and the scrappers took it...Just for the beginning part of May there are 13 calls. I am done he can sue me but I won't pay him a dime, he owes me for a TV that my sister purchased for him, 2 new windows and the clean- up of the vandalism to his home...he never lived there...he sends my sister texts tell your dad to get ready for the Easter bunny and eggs his house, he has done so much damage to his car and home, calls nursing, calls life alert, paramedics, homes, vandalized my father's home, attempted to break in , stalks my family , follows us everywhere, calls our doctors, pharmacies, sends food deliveries to our home WHEN WE don’t order, this happens about 3 times daily, constant calls, texts that he is going to BOMB MY FATHERS HOME, AND he was going to shoot my dad and let him live to watch him slit my sisters throat. His ex wife is on the run to new York with her 5 kids and has a restraining order on him , Another women Juanita on 19th street has a restraining order on him, he has warrants out for his arrest for child support, tax evasion for the state of new York, he owes the t shirt guy, j pee tees on Richmond street 600 dollars. And he throws a rock thru my dad's window, hits him and I can't even get a PFA for my Dad because he is elderly and gets nervous under pressure and they intimidate him at the DA's office with a date. He told them he is harassed non-stop every day. My father's restraining order was up in January, that was issued because he pushed my Dad down the steps and was harassing him at that time. I also started to fil
My husband was arrested last year in TN for aggravated domestic

My husband was arrested last year in TN for aggravated domestic assault. We were not living together at the time. He came over to "talk". He beat me, choked me out, woke me up by kicking me, went and got a knife and said he was going to kill me, the children and then himself. 4 hours later I convinced him to leave and I wouldn't tell anyone. He was arrested the next day after a warrant was put out for him and him running. I left with the children, with his knowledge and agreement, to California. His parents bailed him out 24 hours later. He followed me out there a month later with a gun this time and was arrested again. He was charged with felony stalking, possession of a weapon with restraining order (felony) and breaking court order (misdemeanor). He is now serving half of a 3 yr 8 month sentence in California State Prison. (background: he is military officer with 3 months shy of 20 yrs being discharged I think "other than honorable", will receive no retirement) I just found out while doing my bankruptcy paperwork that his charges were dismissed in TN due to the fact that neither one of us showed up to court!! I was never informed by the DA that I needed to be there or that any kind of hearings were going on. The victim advocate that I had been working with also didn't know about it. Seems my husbands attorney pulled a fast one and set a hearing and had everything dismissed. How is this possible that me as the victim was never informed? Do I not have a right to be heard in this case? I was almost killed. This seems so unfair that my soon to be ex husband is going to get away with what he did to me. Is there a way to "reopen" this case and have it heard? I was led to believe that he would serve his time here in California and then have to face the charges in TN.
CIVIL NOT CRIMINAL- stalking violence south fla

THIS IS CIVIL NOT CRIMINAL- BUT NO TOPIC seems to be listed(?) IN HERE TO ASK THE QUESTION: I need someone versed in the south fla stalking laws. I had a 1 week ex employee (who is a looney tune) file a civil complaint against me, pro se (I have not been served yet) for stalking violence. I only responded to the guys texts and tel calls, never initiated them, but after 50 or so, I was very insulting to him, never threatened him though. His queries started out with "where is my paycheck" which I explained too many times to count until he provided us with a dl and ss we could not process it, but then always deteriorated into a text screaming session where invariabley I would text him degrading statements (only bad jokes, like "you're as useful as a chocolate teapot". Anyway I doubt I have any exposure but my corporate atty doesn't even want to do anything until I actually get served. My concern is that it is listed as a complaint regardless of the outcome and i don't want that reputation. I would guess eventually I will win but is there some sort of recourse like 57.105 here as well? He also called Dol which of course opened an investigation. I have yet to be damaged financially but that might occur so also the issues of libel, slander and defamation might come up..whats the best course to pursue?