Florida law defines stalking as the willful, malicious, and repeated following, harassing, or cyberstalking of another person. While an incident of stalking can occur between any two parties, it most commonly happens between spouses or people in romantic relationships.
To receive a protective order or injunction against a stalker, three conditions must be successfully proved: the stalking was directed towards a specific person, caused that person substantial emotional distress, and did not serve any legitimate purpose. These three conditions are the necessary grounds for obtaining a cyberstalking injunction in Florida. In order to receive an injunction, the petitioner (or victim) must be able to present substantial evidence on these grounds to the court.
If you are the victim of stalking, you may seek an injunction for protection against your stalker. A skilled Orlando injunction lawyer can help you gather the evidence you need to successfully receive an injunction or protective order from your abuser.
A person seeking to obtain a stalking injunction in Florida must show proof that the stalking occurred in at least two separate instances. Additionally, the court views a petitioner as a victim of stalking when the respondent (alleged stalker) is proven to have engaged in any of the following behaviors:
If the respondent has a violent criminal history or another protective order against him or her, they are also likely to be found guilty of stalking. In order to successfully obtain a stalking injunction in Florida, the petitioner will also need to provide evidence that the following conditions occurred:
Florida law requires that, in order for a person to be a victim of stalking, the stalking must be “repeated,” meaning it happened more than once. Therefore, to successfully obtain an injunction, the petitioner must prove they dealt with two separate instances of stalking from the respondent. They must be able to provide sufficient evidence for both accounts.
When determining the strength of the evidence, the court will apply a “reasonable person standard,” meaning they will determine whether what the petitioner experienced would cause significant emotional distress to the average person. This means that usually, things like receiving unwanted flowers or non-threatening love letters are insufficient to constitute stalking. However, if these actions are shown in addition to threatening actions, the court is likely to grant an injunction.
Lastly, a petitioner must show that the communications with the respondent lacked “legitimate purpose.” In accordance with Florida law, conduct is “legitimate” when there is a reason for the contact other than to harass the victim. This legal concept is extremely situational and depends entirely on the circumstances at play.
If you are the victim of stalking, it’s important to seek legal representation to ensure you successfully receive an injunction for your safety.
If you need legal protection from an abusive spouse or partner, it is best to consult with an experienced injunction lawyer. Consulting with a skilled lawyer can make an overwhelming process manageable. At Fighter Law, our attorneys deeply care about our clients and work tirelessly to fight for their rights. To schedule a free consultation, call us at (407) FIGHTER (344-4837) or fill out our online contact form.
Fill out the form below for a free evaluation of your case.