Penalties for Stalking or Harassment in PA

Although stalking and harassment are charged as separate crimes in Pennsylvania, both can come with harsh penalties. Being convicted of these crimes can result in fines, prison time, probation, and a criminal record, not to mention the impact it can have on your ability to find employment and housing. Regardless of whether you’re a victim or have been accused, criminal lawyers recommend seeking legal counsel to ensure that your rights are protected. 

Penalties for Stalking in Pennsylvania

Stalking

There are two elements involved in the criminal offense of stalking. First, the defendant must have engaged in a “course of conduct” by committing two or more acts of unwanted behavior. Second, the victim must have faced reasonable fear of serious bodily injury or suffered severe emotional distress due to the defendant’s actions. 

Some examples of behaviors that may be considered stalking include:

• Repeated or excessive communications such as calling, texting, messaging, or emailing

• Following the victim or showing-up at his/her home or workplace

• Taking photos of the victim without his/her consent

• Threatening to harm the victim or his/her loved ones and pets

Stalking may be charged as a first-degree misdemeanor or a third-degree felony.  If it’s the defendant’s second offense or the defendant has been previously convicted of domestic abuse or a violent crime involving the same victim, he/she will likely be charged with a third-degree felony. 

If you’re convicted of a first-degree misdemeanor, you can face up to five years in prison and a $10,000 fine. A third-degree felony conviction carries a sentence of up to seven years and a $15,000 fine. 

Unfortunately, these charges sometimes result when disputes between couples escalate during a divorce or separation. If you’re dealing with domestic violence issues, a good divorce lawyer should advise you of the best course of action to safeguard your rights and well-being. 

Harassment

For a defendant to be convicted of harassment in Pennsylvania, the prosecutor must show that he/she  acted “with intent to harass, annoy or alarm” another person and engaged in one or more of the following unwanted acts:

• Struck, shoved, or kicked the victim, including attempts and threats to do so

• Followed a person in or around one or more public places

• Communicated with or about another person using obscene or threatening words, language, drawings, or caricatures

• Repeatedly and anonymously communicated with the other person

• Repeatedly communicated at extremely-inconvenient hours

• Engaged in a course of conduct or repeatedly committed acts that serve no legitimate purpose

Harassment is usually charged as a summary offense which carries a $300 fine and up to 90 days in jail if you’re convicted. However, some forms of harassment are third-degree misdemeanors, including the cyber harassment of a child.

For example, if a defendant repeatedly violated a Protection from Abuse Order (PFA) involving the same victim, he/she may face misdemeanor charges for harassment.  If you’re convicted of third-degree misdemeanor harassment, you may face up to one year in jail and a fine of up to $2,000. A domestic violence defense lawyer can help you understand the charges that have been brought against you.

If you’ve been charged with a crime or have been a victim of stalking, harassment, or domestic violence, our experienced team of criminal defense attorneys, sexual assault lawyers, and divorce lawyers can help.  

This blog was originally posted on https://pa4law.com/penalties-for-stalking-or-harassment-in-pa/

Read More

What Is a Collaborative Divorce?

A collaborative divorce is a process that some divorcing couples use to work through a divorce without going to court. Collaborative divorce saves money for both parties because the expense of going to court is avoided.

There are other benefits, including saving time, reducing stress for both parties, and fostering an environment where both parties can discuss their goals. It is helpful to learn from professionals who have experienced and helped to resolve disputes with many other couples.

Collaborative divorce works well for couples who agree on some important issues but need help from good child custody lawyers or other professionals in resolving other aspects of the settlement like child custody and/or support or division of property. Both parties must be willing to participate in the collaborate divorce process, or it is likely to fail.

Here’s how it works:

•    You and your spouse each hires your own divorce lawyer. A good divorce lawyer will understand how mediation and negotiation are important to the collaborative divorce process.

•    You meet privately with your own attorney to discuss your goals in the divorce process. Provide your child support lawyer with the parameters that you will accept; for instance, the “ideal” dollar figure you desire for child support and also the lowest figure you can possibly accept. The more informed your divorce attorney is in all matters of property division, child custody and support, the more effective he or she can be in negotiating on your behalf.

•    When you and your lawyer are prepared, you will meet with your spouse and the spouse’s attorney. This meeting will be held in a less-formal setting than a courtroom, such as a conference room. You will likely meet a number of times during the course of the process.

•    Other professionals (examples: an accountant or child custody expert) may be included in these meetings to help resolve particular issues. Although you and your spouse will be paying the fees of these professionals, they are expected to perform in a neutral way that does not bias the outcome.

•    If the process becomes stalled, the attorneys may bring-in a licensed mediator to move it along. A mediator is very experienced in divorce cases, and may be a former judge, a specially trained attorney, or another professional trained in mediation. The mediator works toward reaching an agreement that both sides can accept, and he or she does not favor one party over the other.

•    When you have reached an agreement on all issues, you will be able to file an uncontested divorce. Your attorney will guide you through the simple steps.

If both parties and their attorneys negotiate in good faith, a collaborative divorce is achieved, and time and money can be saved as compared to going to trial. Usually, your attorneys will also negotiate a process for settling any disputes after the divorce is final.

Contact Perna & Abracht for a complimentary consultation if you have more questions about collaborative divorce. We have decades of experience handling divorce cases of all types.

This blog was originally posted on https://www.pa4law.com/what-is-a-collaborative-divorce/

Read More

5 Things You Can Do to Help Your Divorce Custody Case

Divorce is not easy, and sometimes emotions exaggerate the challenges. If you are considering a divorce, try to keep as calm as you can, and use common sense to take these actions that may help your good divorce lawyer achieve a better outcome for your case:

1.    It Starts at Home

Divorce can be very distracting, even from your most important job which is being an attentive parent. Your children need a safe and stable home environment, and to feel you are attending to their needs. Make sure to maintain the children’s usual activities and be the same parent who always took an interest in these activities. Stay in touch with their teachers, and if it seems needed, obtain counseling for the children. Stay in the home with the children; in certain cases, if you were to move-out and leave them with your spouse, a judge could interpret that unfavorably for you in the child custody arrangement.

2.    Daily Record

Your child custody lawyer needs you to keep a diary of all your activities with your children. Record the time you spend with them, and also record the time they spend with the other parent. You should record anything that will affect the children, such as arguments or ridiculing comments made in front of the children. Record when the spouse is expected to pick-up the children, and when the spouse actually does pick-up the children – and the same on their return to you.

3.    Documentation

It’s important to document the activities and events you record. This could include school records or witnesses who can verify when a child is picked-up from school or activities, or someone who could testify about parenting behavior. Of course, police reports are needed if anything escalates to that level.

Make sure you strictly abide by any pick-up/drop-off agreements and behave as an exemplary parent, as your spouse may be keeping a diary as well.

You will need to make copies of documents pertaining to finances, including pay stubs, records of any loans, credit card statements, bank records, and retirement savings records. Your child support lawyer will need these to help protect you financially. Your attorney will want to see all the documentation you have collected and will guide you on any further documentation needed for your case. To facilitate confidential communication with your attorney, it may be helpful to get a cell phone of your own (not on your family’s plan) and establish an email account that your spouse cannot access.

4.    Reduce Use of Social Media

Social media is an area where it’s easy to make a mistake that can negatively affect your divorce or custody case. It is best to curtail your use of social media during this time. Do not ever use social media to mention your divorce or custody case, or to criticize your spouse in any way. Think about how your social media posts reflect you as a parent. In general, the less said on social media the better while you are going through divorce or child custody litigation,

5.    Contact Perna & Abracht

If you have are thinking of divorce and have children, you need divorce attorneys who have handled these cases before, such as our team at Perna & Abracht. If you have just started considering divorce, we can guide you through steps to take when considering divorce and through this difficult time.

This blog was originally posted on https://www.pa4law.com/5-things-you-can-do-to-help-your-divorce-custody-case/

Read More