Can a person lie in a petition for an injunction?

Yes, people can lie in injunctions. While injunctions are important to protect victims from legitimate violence and threats of violence, people do sometimes lie in their petitions. There are many different theories as to why people lie and a skilled defense attorney should be able to bring to light any motive or bias a petitioner may have to falsely seek an injunction.

Which county court should I file my injunction in?

You can file for an injunction in the county where you live (either temporarily or permanently), where the respondent lives, or where the violence occurred. There is no minimum residency requirement.

Can an injunction be dropped if the petitioner does not show up for the final injunction hearing?

Usually, yes. Absent exceptional circumstances, the court will usually dismiss or throw out the injunction and the respondent will be free to go.

What happens if the respondent does not show at the final injunction hearing?

If the petitioner indicates to the court that he or she still wants the injunction, the court will usually grant the petition and enter an injunction against the respondent. The court will want to see proof that the respondent was served with notice of the hearing, however.

Can a party (or parties) seek to amend or later dismiss an injunction that has been entered by a judge?

Yes. Florida law specifically allows for that. The party (or parties) must petition the court to modify or dissolve the injunction. But be warned – the injunction will NOT be considered amended or dismissed until the judge signs an order indicated such.

What can the court do to me if they enter an injunction against me?

The court has the authority to order you not to have any contact with the petitioner, to order you to attend classes (including the batterer’s intervention program), to prohibit you owning or possessing any firearms, to have supervised visitation with any children in common and any other conditions the court deems necessary to protect the petitioner.

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Kissimmee Injunction Lawyer

Kissimmee Stalking Lawyer

Being charged with stalking allegations can cause real and serious effects on your everyday life. Stalking is taken very seriously in Florida, and if you are ultimately convicted, you can possibly expect felony charges and tight restraining orders that severely limit where you can live, work, and generally operate. The reputation of a “stalker” can also have long-lasting negative impacts on your social and professional life.

Do not try to face these charges alone. Fighter Law has devoted decades of experience to criminal defense trials, and our stalking attorneys will use every resource and tool under our belt to help secure a bright future. It’s imperative you reach out as soon as you possibly can so your stalking lawyer can begin immediately building your defense and work on getting your charges lessened.

What Are Florida’s Stalking Laws?

As outlined in Florida Statute 784.48, stalking is a serious crime and has various levels of offense, such as:

Stalking

Stalking is defined as the actions of a person who “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.” Stalking charges can vary, based on the severity of the actions. Stalking is generally charged as a first-degree misdemeanor.

When the allegations are bumped up to aggravated stalking, which includes making a credible threat to the person they are willfully and purposefully following and harassing, the charges are escalated to a felony of the third degree. This is also the case when the victim is under the age of 16 years old or when sexual violence has occurred.

Harassment

Harassment is not viewed as a separate crime in the state of Florida. Instead, it is viewed as an act leading up to and partaking in the act of stalking. It is defined as willful and meaningless conduct directed at a specific person that causes substantial physical or emotional harm.

In order for a court to convict you, the opposing party must prove that you were harassing the accuser. Your stalking attorney may argue your paths have crossed for legitimate reasons, such as work or school. They can also highlight your behavior as unintentional and not malicious.

Cyberstalking

Cyberstalking is a relatively new addition to the world of stalking and harassment, the parameters of which are currently defined as the “repeated use of electronic communications to harass, threaten, or frighten someone, such as by sending threatening emails or texts.”

Any sort of continued internet harassment or bullying is considered cyberstalking. This extends to any sort of online communication such as social media, text messages, phone calls, or photographs.

Stalking Punishments in Florida

The punishment for being convicted with stalking depends on the circumstances surrounding the victim, as well as if they have a past record. The most common charges include:

Misdemeanor Stalking

For stalking charges not involving aggravated stalking, sexual harassment or assault, or an underaged victim, you will likely be issued a misdemeanor in the first degree. Upon conviction, it is likely the victim will also be granted an injunction or restraining order against you. This will regulate the proximity to which you are allowed around the victim, which can have severe impacts on your work, school, and personal life. All communication with the victim must be stopped. If you share custody with the victim, your visitation rights will likely be affected.

Misdemeanors of the first degree commonly come with a maximum jail time of up to one year and a $1,000 fine.

Felony Stalking

For stalking involving a credible threat or any accusations involving a minor under the age of 16, the resulting charges will be a third-degree felony. A credible threat is viewed as a real possibility that you may cause the victim or their family harm.

Felony stalking will likely come with an injunction or restraining order, as with the misdemeanor charges. Third-degree felonies are very serious and often see the perpetrator facing up to five years in prison and up to $5,000 in fees.

Facing Stalking Allegations or Charges? Speak to a Dedicated and Knowledgeable Stalking Lawyer at Fighter Law Today

Time is of the essence when facing stalking charges. Your stalking attorney will immediately get to work building your defense and fighting to lessen your charges. Fighter Law’s board-certified team is ready to work around the clock to get you the best possible outcome for your case. We will begin the process with a free consultation, where our stalking attorneys can outline the situation and begin to dig holes in the opposing party’s accusations. We will be with you every step of the way during the legal process to make sure that your rights are protected. Begin the process today by calling our office at (407) 344-4837 or by filling out our online contact form.