Florida Stalking Injunction Lawyer
In the state of Florida, stalking is a recognized form of violence characterized by a malicious pattern of willful, threatening, and/or harassing behaviors that occur over a period of time. This crime can involve any two people, but generally involves ex-spouses or ex-partners, people in dating relationships, and admirers. Regardless, this is a scary experience for those who experience this level of abuse, and navigating the process of stalking injunctions can compound your anxiety.
It is crucial to seek out the assistance of an experienced and compassionate injunction attorney like the ones at The Fighter Law Firm to protect yourself and your rights. At Fighter Law, we will ensure the proper documentation of your stalking case and present evidence that meets the court’s standard of proof. Our goal is to help you obtain an injunction against your stalker to keep you safe.
Florida Stalking and Aggravated Stalking Laws
It’s vital to understand what constitutes stalking under Florida law when pursuing an injunction against a party. At its core, stalking is a pattern of behavior that is harassing to the victim. The state defines harassment as behavior directed at a specific person which substantially distresses them emotionally without a legitimate reason for doing so. Stalking is a first-degree misdemeanor offense.
Under Florida Statute Section 784.048, stalking is a first-degree misdemeanor offense, but there is recognition of a more severe form called aggravated stalking, which is a third-degree felony. This crime takes place when a person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person.
With the advent of today’s technology on our phones and computers, recognition of cyberstalking as another form of this crime makes it punishable under Florida law. This type of behavior involves a series of events that communicate words or images through email and/or other electronic means and causes the intended victim substantial emotional distress.
What Florida Courts Require to Grant a Stalking Injunction
A person seeking a stalking injunction in Orlando must allege and prove at least two separate stalking incidents. The court holds that a petitioner is a victim of stalking when the respondent has:
- Destroyed the Petitioner’s personal property
- Another order of protection against him or her from another jurisdiction
- A violent criminal history
- Used or threatened to use weapons against the Petitioner
- Threatened to harm the Petitioner, the Petitioner’s family members or close friends
- Previously threatened, harassed, stalked, cyberstalked, or abused the Petitioner
- Committed stalking
Standards of Proof for Emotional Distress
It’s essential to understand, though, that just because you feel distressed doesn’t mean it meets the standards set out by law. The court must decide if anyone who underwent your situation would feel the same way. Typically, things like unwanted flowers or non-threatening cards or letters would not qualify as substantial evidence of emotional abuse.
If there are additional actions that are more threatening, then those surprise boxes of candy or other seemingly harmless gifts may persuade the court to grant your stalking injunction. Men and women affected by stalking may seek an injunction for protection regardless of whether criminal charges were filed.
Defending Against False Stalking Accusations in Florida
It’s a sad reality that some individuals do lie to have a stalking injunction granted by the court. There are many reasons why this happens, but the damage to the alleged perpetrator’s reputation and potential future can be devastating.
Common reasons why someone may submit false accusations are:
- Revenge against their partner
- Custody battle
- Trying to maintain control over someone
- Mental health issues
A person accused of stalking must act quickly to protect their reputation. Despite injunctions falling under the scope of civil proceedings, their effects mirror some of those related to criminal charges. These types of orders stay on your record permanently without exception, which can make any potential employer or other organization question your integrity when seen on your background check. This is just one of many reasons why it’s crucial to work with a skilled Florida stalking defense attorney to fight allegations of stalking.
Retain a Seasoned Florida Stalking Injunction Attorney
Whether you’re the victim of an abusive stalker and need to secure your safety from their threatening advances, or you’re trying to save your reputation after false allegations were made, contact The Fighter Law Firm immediately. You have the right to legal representation whether you’re a victim of stalking or being accused of it. Exercise your rights by working with our firm.
Our legal team of experienced injunction attorneys works tirelessly to ensure that your rights and best interests receive top priority throughout the entire process. Attorney Thomas Feiter is a Board-Certified and AV Rated Preeminent criminal defense lawyer who can help you seek a stalking injunction or preserve your future and reputation against erroneous claims about this kind of behavior. Our team has decades of experience assisting Florida residents seeking solutions to their domestic issues. Contact us today online or by phone at (407) 344-4837.