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If you’re searching for a Florida stalking injunction lawyer (sometimes called a “stalking restraining order” lawyer) or help with cyberstalking, we can help. Fighter Law represents both petitioners (people seeking protection) and respondents (people served with an injunction) throughout Florida.
Evidence tip: Preserve screenshots, call logs, emails, DMs, voicemails, location data, and witness info. The clearer the timeline, the stronger your position—whether you’re asking for protection or defending yourself.
Want quick answers? Jump to FAQs.
In Florida, people often say “restraining order,” but the court process in Florida is called an injunction for protection.
The main two statutes that generally commonly come up are:
Florida Statute § 784.048 (this is the one that is a crime for criminal stalking/cyberstalking and it has those definitions).
Florida Statute § 784.0485 (this is the one that deals with getting a civil restraining order a.k.a., the civil stalking injunction process).
Stalking generally involves willful, malicious, and repeated following, harassment, or cyberstalking directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.
Courts often look for (1) a pattern, (2) proof it was directed at the petitioner, and (3) credible evidence that the behavior caused distress under a reasonable-person lens.
Cyberstalking can include repeated online behavior—messages, posts, emails, DMs, or other electronic communications—that harass or intimidate and cause substantial emotional distress.
If you need help proving (or challenging) digital evidence, see: How to get text messages with a subpoena.
Helpful starting points:
What is a temporary injunction?
Help for petitioners
Help for respondents
Restraining Orders & Injunctions (main hub)
Stalking is typically about repeated conduct. One incident can be serious, but many stalking injunction cases rise or fall on whether the petitioner proves a course of conduct with reliable evidence.
Courts commonly evaluate whether the conduct would cause substantial emotional distress to a reasonable person in similar circumstances—not just subjective discomfort.
Context matters: frequency, escalation, threats, proximity to home/work, and prior history.
The court also weighs whether the contact had a legitimate reason (for example, communications required for lawful logistics) versus harassment.
Injunctions generally target conduct directed at the petitioner. In some cases, courts analyze whether speech is aimed at a person versus simply about them.
A Florida appellate decision often discussed in this area is DiTanna v. Edwards (4D20-1619, June 30, 2021).
Florida Courts cannot legally charge a filing fee for an injunction. Attorney’s fees are separate, and hiring counsel is optional—but can matter when the requested order could affect housing, employment, firearms, or parenting issues.
Usually, if you get a temporary restraining order against somebody for stocking, they will lose their firearms until the matter is resolved. Firearms consequences can be confusing. A key statute is Florida Statute § 790.233. Courts may treat temporary vs. final orders differently, and mistakes can happen.
One appellate case often discussed in this context is Dean v. Bevis. If a firearm restriction appears improper or unclear, it’s worth getting legal guidance quickly.
Even “minor” contact can trigger enforcement issues. Violations can lead to arrest, criminal charges, or contempt proceedings depending on the circumstances.
If you have questions about the risk in your situation, start here:
Injunction FAQs and Restraining orders & criminal charges in Florida.
For a direct answer to a common question, see:
Can I go to jail for an injunction?
Need to talk with a lawyer? Request a confidential consultation here:
Contact Fighter Law.
What must a petitioner prove to get a stalking injunction in Florida?
A petitioner generally must prove a course of stalking/cyberstalking conduct directed at them that caused substantial emotional distress and served no legitimate purpose, supported by credible evidence and a clear timeline.
What is the burden of proof in a stalking injunction case?
Stalking injunction cases are civil proceedings, so the judge typically applies a preponderance of the evidence standard—meaning the claim is more likely true than not.
Can an injunction be entered based only on screenshots or text messages?
Digital evidence can be important, but courts often scrutinize authenticity and context. In disputed cases, subpoenas, device records, witness testimony, and cross-examination can matter a lot.
Do temporary stalking injunctions automatically restrict firearms?
Firearms issues depend on the order’s wording and the applicable statutes. If a firearms restriction seems unclear or incorrect, get legal advice quickly because violations can carry serious consequences.
How fast can a stalking injunction happen?
A judge may enter a temporary order based on the petition, and a final hearing is then scheduled where both sides can present evidence.
What should I do right after I’m served with a stalking injunction?
Read every term carefully, avoid any direct or indirect contact, preserve your own messages and timeline, and start preparing evidence and witnesses for the hearing.
Can I sue someone for stalking in Florida?
In some situations, victims may have civil remedies. The best approach depends on the facts, any related criminal case, and the damages you can prove.
Important: This page is general information, not legal advice. Every case is fact-specific. Past results do not guarantee future outcomes.
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