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Attorney & Mediator
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I need a restraining order against grandparents in PA. they ...

Customer Question

I need a restraining order against grandparents in PA. they are stauking my children on the computer with their school activities and are also having court order visits since their son died

they are not in contact with my disability child and I but my other 2 are 12 & 13 and don't want to go
Submitted: 10 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 10 years ago.
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:

  1. 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
  2. Placing another in reasonable fear of imminent serious bodily injury. In other words, threats of physical violence.
  3. False imprisonment.
  4. Physically or sexually abusing minor children.
  5. 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.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.