Stalking Restraining Order and Injunction Lawyer

If you’re searching for a stalking restraining order and injunction lawyer in Florida, you’ve come to the right place. At Fighter Law, we understand the emotional and legal toll stalking, harassment, and cyberstalking can take. Whether you’re seeking a restraining order or have been falsely accused, our team will protect your rights and safety throughout Central Florida.

What Is a Stalking Restraining Order or Injunction in Florida?

A stalking restraining order — legally referred to as an injunction — is a court order that protects a person from harassment, stalking, or threats. Florida Statute 784.048 defines stalking as repeated, willful, and malicious behavior that causes substantial emotional distress. It can be physical or digital (cyberstalking), and includes behaviors such as unwanted messages, following someone, showing up uninvited, or online harassment through texts, emails, or social media.

A judge may issue a temporary stalking injunction first, followed by a final hearing to decide whether the injunction becomes permanent. These orders can require the Respondent to stay away from the Petitioner, surrender firearms, and avoid any contact — directly or indirectly.

For a deeper explanation, see our guide: What is a Temporary Injunction?

Who Can File for a Stalking Injunction?

Any person who experiences two or more acts of stalking — or the parent/guardian of a minor child victim — can file a petition for a restraining order. You do not need to have a relationship with the Respondent, unlike dating violence or domestic violence injunctions. These protections apply to neighbors, co-workers, acquaintances, and even people you’ve never met in person.

You do not have to wait for threats to escalate. Florida law allows victims of emotional harm or fear of harm to seek legal protection before things get worse.

What Happens After You File?

Once you file a petition, a judge usually reviews it the same day — often within hours — and may issue a temporary injunction without a hearing. Law enforcement serves the Respondent, and a full hearing will be scheduled within 15 days. At the hearing, both parties can present evidence and testimony. The judge then decides whether to issue a final injunction and for how long.

These hearings move quickly and can be stressful. Having a stalking restraining order and injunction lawyer prepare your exhibits, present witness testimony, and challenge any false allegations can make a major difference.

How a Stalking Restraining Order and Injunction Lawyer Can Help

• We file or defend against stalking restraining orders across Central Florida
• Our team collects and organizes admissible evidence (e.g. texts, emails, social media, call logs)
• We cross-examine the Petitioner or Respondent during the hearing
• We negotiate modifications or seek dismissal of injunctions when appropriate
• We challenge vague or exaggerated claims with proper documentation and testimony

Cyberstalking and Online Harassment Injunctions

Many stalking injunctions now involve digital harassment. If someone sends harassing messages through social media, publishes harmful material online, or tracks your location using technology — that may qualify as cyberstalking. Florida law treats cyberstalking as seriously as physical harassment. Our attorneys frequently subpoena phone records, verify IP addresses, and authenticate digital communications to support or defend against these claims.

Wrongfully Accused of Stalking?

False accusations of stalking can ruin your life. A final injunction may appear in background checks, lead to job loss, interfere with child visitation, and result in criminal charges if violated. Don’t risk it. Fighter Law attorneys know how to reveal inconsistencies in the petition and challenge credibility. We’ve defended clients accused out of retaliation, misunderstandings, or failed relationships.

Learn how we defend respondents here.

Why Choose Fighter Law?

• We are board-certified criminal trial lawyers with extensive injunction hearing experience
• We understand the Florida Rules of Evidence and how to apply them
• We’ve handled hundreds of injunctions — for both Petitioners and Respondents
• We move quickly to prepare hearings, witnesses, and evidence
• We serve all of Central Florida, including Orange, Seminole, Osceola, Volusia, Lake, and Brevard counties

What Will Sustain an Injunction for Protection Against Stalking?

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:

• Repeatedly made phone calls or sent text messages or e-mails with no legitimate purpose
• 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

Anyone seeking a stalking injunction in Orlando must present evidence of the above to secure the protective order. If the petitioner presents competent and substantial evidence of stalking, the court may serve a temporary injunction. The court does not need to notify the respondent of this action, meaning it may take several days or weeks for the subject of the injunction to find out about it. Contact our Orlando stalking lawyer for a free case review. 

“Two Incidents of Stalking”

To successfully get an injunction for stalking, the petitioner must allege and prove two separate instances of stalking.  Each incident of stalking must be proven by competent, substantial evidence.

The law requires that the stalking (or cyberstalking) be “repeated” – in other words, it has to happen more than once.  And both times have to be proven with sufficient evidence.  So even if a person can prove that you maliciously drove by their house one time, that is was not for a legitimate purpose, AND that it caused them substantial emotional distress, that is NOT enough to get an injunction because the law requires at least 2 incidents – and one is not enough no matter how bad it is.

“Substantial Emotional Distress”

When considering the sufficiency of the evidence, the court must apply a reasonable person standard (not a subjective standard) to determine whether an incident causes substantial emotional distress. 

Many people feel uncomfortable when other individuals relentlessly pursue them. Simply receiving a stream of gifts from a person in which you are not interested may cause stress in your life; however, the court must use the reasonable person standard to establish substantial emotional distress when you seek an injunction.

In other words, even if you felt substantially emotionally distressed, it would not be enough if a “reasonable person” would not have felt substantially emotionally distressed by the action. Receiving unwanted flowers or non-threatening letters or cards are not sufficient to constitute stalking; however, these actions shown alongside other, more threatening actions, may persuade the court to grant an injunction. Our experienced Orlando stalking injunction lawyers know to listen carefully for this. 

“Legitimate Purpose”

What exactly is a legitimate purpose?  Conduct is “legitimate” when there is a reason for the contact or conduct other than to harass the victim. So it really depends on the circumstances.  If a wife contacts many times a woman who is sleeping with her husband, that contact (even if it hundreds of text messages and/or calls) is NOT stalking because there is a legitimate purpose for it. The legitimate purpose is that she is trying to save her marriage.  The case of Leach v. Kersey, 162 So. 3d 1104 (Fla. 2d DCA 2015) [40 Fla. L. Weekly D904b], explains this point pretty well if you want to read more.  

“Directed At” Definition

What exactly does it mean for speech or conduct to be “directed at” a specific person?  Here is why speech or conduct has to be directed at the person seeking the injunction: The First Amendment (right to free speech) prevents an injunction from being directed to prevent defamatory speech.  Therefore only speech or conduct directed AT a person can be prevented with an injunction – not speech or conduct ABOUT that person.  Here is a recent case that explains this – MICHAEL DITANNA, Appellant, v. BLAKE EDWARDS, Appellee. 4th District. Case No. 4D20-1619. June 30, 2021.  

How to Fight Stalking Accusations

A person accused of stalking has the right to protect his or her reputation. Although injunctions are civil proceedings, their effects mirror some effects of criminal charges. An injunction cannot be removed from your record. As it is public information, anyone — including your boss or prospective employer — can find it. As such, it is crucial to work with a skilled criminal defense attorney to fight allegations of stalking.

If you must show up in court for an injunction hearing, it’s important to act quickly to obtain an Orlando stalking injunction attorney as soon as possible. Often, respondents do not know they have an injunction against them until weeks after the court issues a temporary injunction. The final injunction hearing is the date the court decides whether to make the injunction against you permanent.

What Happens to Me if I Violate a Stalking Injunction?

The Florida Legislature passed a law, which specifies exactly what has to happen if a person violates a stalking injunction. For example, a person who willfully violates an injunction for protection against stalking commits a first-degree misdemeanor.  If that person has two or more prior convictions for a violation of a stalking injunction, and who subsequently commits a violation of any injunction against the same victim, commits a felony of the third degree.  

Probably the most interesting part of this stalking Florida statute is that any person, who suffers an injury and/or loss as a result of a violation of an injunction for protection against stalking, may be awarded economic damages for that injury and/or loss by the court issuing the injunction.  Damages include costs and attorneys’ fees for enforcement of the injunction! Contact our Orlando stalking injunction attorney for legal representation. 

Can the Court Take Away My Right to Own or Possess Firearms?

Yes! Even though there is direct law on this point, judges and law enforcement get this wrong all the time. As an experienced Orlando stalking injunction lawyer, here is where I can help. The Florida Statutes on point (section 790.233 and section 784.0485) do NOT provides express authority for a judge to prevent a person from owning or possessing firearms or ammunition with a temporary stalking injunction.  Now section 784.0485(5)(a) does provide the trial court with implicit authority to take away your right to own or possess firearms if and when a final stalking injunction is issued.  But this only applies while any final injunction is actually in force.  Once it expires, it no longer applies.  If a court tries to take away your right to possess a firearm with a temporary stalking injunction, call our Orlando stalking injunction lawyers right away, and we can file a motion to amend that condition.  The case law on this is a 2021 case called Dean v. Bevis, 46 Fla. L. Weekly D1314a.

Talk to a Stalking Restraining Order and Injunction Lawyer Today

If someone is harassing or stalking you — or if you’ve been falsely accused — you need immediate legal advice. Talk to a trusted stalking restraining order and injunction lawyer at Fighter Law today. We offer free consultations and fast, strategic representation throughout Central Florida.

Contact us now for a free consultation or call (407) 344-4837.

• Restraining Orders Overview
• Help for Respondents
• What Is a Temporary Restraining Order?

Resources for Victims of Stalking and Harassment

• Harbor House of Central Florida – A certified domestic violence shelter offering 24/7 crisis support, emergency housing, and legal advocacy for victims of stalking and abuse in Orange County.
• The Women’s Center – Located in Brevard County, this organization provides counseling, emergency shelter, court advocacy, and support services for victims of stalking, sexual violence, and domestic abuse.