Florida Injunction Lawyers for Harassment and Stalking

In Florida, stalking is a serious offense that involves a pattern of behavior meant to harass, intimidate, or threaten a specific person. Stalking cases frequently arise in situations involving former romantic partners, acquaintances, co-workers, or even strangers who engage in persistent unwanted contact. Victims often experience substantial emotional distress, making legal protection essential.

If you are facing stalking, obtaining a stalking injunction can help provide a court-imposed prohibition against your harasser, ensuring legal protection and peace of mind. On the other hand, if you are accused of stalking, you need a strong legal defense to avoid severe penalties. At Fighter Law, our experienced attorneys understand the complexities of Florida law and work diligently to protect your rights, whether you need an injunction or are fighting stalking charges.

Stalking and Aggravated Stalking Under Florida Statutes

Stalking is defined under Florida Statutes as a pattern of behavior in which a person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person, causing substantial emotional distress. A first-degree misdemeanor, stalking can result in penalties including fines and up to one year in county jail.

However, in cases where the conduct directed at the victim includes a credible threat, or if the accused has violated another court-imposed prohibition (such as a restraining order), the offense may be escalated to aggravated stalking, a third-degree felony. Convictions for aggravated stalking carry severe consequences, including up to five years in prison and significant fines.

Florida law also recognizes cyberstalking as a form of harassment. Sending threatening messages, repeatedly contacting someone via email or social media, or using technology to track a victim’s movements can constitute stalking under the law.

The Legal Definition of Harassment in Stalking Cases

According to Florida statutes, harassment means a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose. The law considers whether a reasonable person in the victim’s position would experience distress from the same behavior.

Common behaviors that may be considered stalking include:

  • Repeated phone calls, emails, or text messages
  • Following someone in public or tracking their location
  • Unwanted gifts or letters intended to intimidate
  • Damaging or vandalizing the victim’s property
  • Making threats against the victim or their loved ones

Even if a stalker does not physically harm their victim, their apparent ability to carry out threats can be enough to instill reasonable fear and warrant legal action.

Seeking a Stalking Injunction in Florida

A stalking injunction is a legal order that prohibits a stalker from making contact with the victim. It serves as a court-imposed prohibition to prevent further harassment, threats, or intimidation. A victim may file for an injunction if they can provide evidence of at least two separate stalking incidents.

To obtain a stalking injunction, a petitioner must demonstrate that the accused:

  • Willfully, maliciously, and repeatedly engaged in stalking behavior
  • Made threats that placed the petitioner in reasonable fear for their safety
  • Causes substantial emotional distress through harassment, surveillance stalking, or cyberstalking

Courts will also consider additional factors such as the accused’s criminal history, past restraining orders, or any credible threats involving weapons. Once granted, the injunction may include provisions preventing the stalker from coming within a certain distance of the victim, their home, or their workplace.

Penalties and Legal Consequences for Stalking in Florida

Stalking is not a minor offense in Florida. The law imposes strict penalties on those convicted, ranging from fines to significant jail time. Depending on the severity of the behavior, charges can escalate from a first-degree misdemeanor to a third-degree felony, which carries much harsher consequences.

A person who willfully, maliciously, and repeatedly engages in stalking behavior—such as unwanted following, harassment, or cyberstalking—can face up to one year in county jail and a fine of up to $1,000 for a first-degree misdemeanor conviction.

However, if the stalking involves a credible threat, violates an other court prohibition, or targets a minor under the age of 16, the charge may be upgraded to aggravated stalking, which is a third-degree felony under Florida statutes. A conviction at this level can lead to up to five years in prison, probation, and hefty fines. Additionally, a stalking conviction may result in a permanent criminal record, affecting employment opportunities, housing applications, and firearm possession rights.

Florida courts take stalking charges seriously because of their potential to escalate into more severe offenses. If an individual violates a stalking injunction, they could face additional criminal charges and harsher penalties, including potential felony charges for repeated violations.

If you are facing stalking charges, it is critical to consult an experienced stalking defense attorney who understands Florida law and can develop a strong legal strategy to protect your rights and future. Whether you need to fight a wrongful accusation or seek protection from harassment, taking legal action quickly is essential to achieving the best outcome.

Defending Against False Stalking Allegations

Unfortunately, stalking charges can be used as a weapon in personal disputes, including divorce, child custody battles, or revenge-driven accusations. Being falsely accused of stalking can have devastating consequences, leading to a damaged reputation, job loss, or even jail time.

A strong legal defense is crucial for individuals facing false accusations. An experienced lawyers for harassment and stalking can present evidence to demonstrate that the claims are exaggerated or fabricated. This may include:

  • Proving the interactions were consensual or misinterpreted
  • Challenging the credibility of the accuser
  • Providing an alibi or evidence disproving the alleged behavior

Because a stalking injunction can affect your future employment, housing opportunities, and personal relationships, it is vital to take legal action immediately if you have been accused.

FAQ About Stalking Injunctions and Legal Help in Florida

What behaviors are considered stalking under Florida law?

Under Florida statutes, stalking occurs when a person commits repeated harassment, surveillance, or cyberstalking toward a specific person in a way that causes substantial emotional distress. Stalking can include unwanted calls, texts, following someone, or making a credible threat against them. If the behavior escalates to include threats of violence or violates an other court-imposed prohibition, the offense may be charged as aggravated stalking.

What is the difference between stalking and aggravated stalking?

Stalking is classified as a first-degree misdemeanor in Florida and involves repeated harassment that causes substantial emotional distress. Aggravated stalking, however, is a third-degree felony and occurs when the stalking involves a credible threat, violates an other court-imposed prohibition, or targets a minor under 16. Convictions for aggravated stalking carry harsher penalties, including up to five years in prison.

Can a person obtain a stalking injunction without criminal charges being filed?

Yes, a victim can seek a stalking injunction even if no stalking charges have been filed. Florida courts allow victims to petition for legal protection based on a pattern of harassment that causes substantial emotional distress. If the court finds that the accused has acted willfully, maliciously, and repeatedly to intimidate or harass, an injunction may be granted, preventing further contact or communication.

How can a stalking defense lawyer help if I am falsely accused?

False accusations of stalking can have severe consequences, including legal penalties and damage to your reputation. A skilled stalking defense lawyer can challenge the allegations by examining inconsistencies in the accuser’s statements, providing alibis, and demonstrating that the alleged actions do not meet the legal definition of stalking under Florida law.

Can stalking charges be related to dating violence cases?

Yes, stalking can be a component of dating violence, particularly when an ex-partner continues to harass, follow, or intimidate the victim after the relationship has ended. If a specific person experiences continued unwanted contact that makes them fear for their safety, they may qualify for both a dating violence injunction and a stalking injunction under Florida law.

How a Florida Stalking Injunction Lawyer Can Help

Whether you’re the victim of an abusive stalker and need to secure your safety from their threatening advances, or you’re trying to save your reputation after false allegations were made, contact The Fighter Law Firm immediately. You have the right to legal representation whether you’re a victim of stalking or being accused of it. Exercise your rights by working with our firm.

Our legal team of experienced injunction attorneys works tirelessly to ensure that your rights and best interests receive top priority throughout the entire process. Attorney Thomas Fighter is a Board-Certified and AV Rated Preeminent criminal defense lawyer who can help you seek a stalking injunction or preserve your future and reputation against erroneous claims about this kind of behavior. Our team has decades of experience assisting Florida residents in seeking solutions to their domestic issues. Contact us today online or by phone at (407) 344-4837.