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Stalking Injunctions and Restraining Orders

Under Florida Statute 784.0485, any person who is a victim of stalking, or the parent or legal guardian of a minor child victimized by stalking, may seek an injunction for protection against stalking.

Definition of Stalking

“Stalking” is defined as willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person.

You deserve to live free of fear!

Harassment

Harassment is defined as engaging in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. [1]

Course of Conduct

A course of conduct is pattern or series of acts conducted over a period of time, however short, which evidences a continuity of purpose. [2]

Cyberstalking

Cyberstalking includes a wide range of online or electronic conduct directed at another person, including:

  • Repeated direct, or indirect, electronic communication of words, images, or language; or
  • Accessing, or attempting to access, the online accounts or internet connected home electronic systems of another person without that person’s permission.

Obtaining a Stalking Injunction

Obtaining a permanent injunction against stalking is a three part process.

  1. A petitioner must file a Petition for an Injunction Against Stalking alleging specific facts and circumstances supporting the existence of stalking.
  2. A judge will issue an ex-parte temporary injunction against stalking and schedule a hearing within 15 days.
  3. A final hearing will be held where the petitioner must present admissible evidence establishing the existence of conduct that constitutes stalking.

Stalking Injunction Protections

If granted, a stalking injunction enjoins or prevents the respondent (the stalker) from committing any further acts of stalking.

Additionally, a judge can also prohibit the respondent from:

  1. Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
  2. Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle;
  3. Going within 500 feet of the petitioner’s residence, school, place of employment, or a specified place regularly frequented by the petitioner and any named family members or individuals closely associated with the petitioner;
  4. Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;
  5. Possessing any firearms, ammunition, or weapons;
  6. Refusing mental health treatment; and
  7. Telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly, unless the injunction specifically allows indirect contact through a third party.

Stalking Injunction Enforcement

A stalking injunction can be enforced by either:

  1. Filing a motion for contempt with the court;
  2. Filing an Affidavit for Violations of Injunctions for Protection against Stalking with the Clerk of Court; or
  3. Filing a police report with a law enforcement agency.

A person who willfully violates an injunction for protection against stalking commits a misdemeanor of the first degree. [3]

Defenses to Stalking Injunction

First Amendment Activity

A stalking injunction cannot be issued to prevent a person from engaging in constitutionally protected First Amendment activity, such as picketing or organized protesting. [4]

Legitimate Purpose

A stalking injunction cannot be issued to prevent communication made solely in furtherance of a legitimate pursuit, such as legal, business, or child custody matters. [5]

As a result, communications made with civility in support of legal, business, or child custody matters cannot be relied upon to obtain a stalking injunction.

Contact Orlando Injunction Attorney

Contact Orlando Injunction and Restraining Order Attorney Richard Hornsby if you are being stalked and need to obtain immediate protection.

The initial consultation is free and I will respond promptly to assist you because you deserve to live free of fear!

References

  1. Florida Statute 784.048(1)(a)
  2. Florida Statute 784.048(1)(b)
  3. Florida Statute 784.0487(4)(a)
  4. David v. Textor, 189 So. 3d 871, 876 (Fla. 4th DCA 2016)
  5. Alter v. Paquette, 98 So. 3d 218 (Fla. 2d DCA 2012)