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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: 2433
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
characters left:
2 Criminal Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    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

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    In the state of Colorado, if the charge is felony stalking, and the plea offer is "deferred sentence", is a "no contest" plea allowable?
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    The local police keep violating my hippa rights. I just finished an appointment with a new family practitioner and they called them. They keep stalking me and telling everyone I have mental illness and that is not true. They have a new report and they keep on harassing me and telling their falsehoods. I do have some what of a memory problem and sometimes it causes some mild issues, but they just keep on keeping on with their destructive patterns and ruining my life my their repeated character assassination. It's very hard to do anything because they will call everyone I attempt to get in touch with and tell them the exact same thing and then they elect not to assist me. This is ludicrous and totally outrageous behavior for a Police Department. Please help me asap. Thanks.
  • My son was approached by an adult male that poked him in the

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