What Is Florida’s Definition of “Stalking” for Injunctions?

If someone recently accused you of stalking, you might face a restraining order or “injunction” in Fort Myers. But what does the term “stalking” actually mean? What is the legal definition of this crime in the Sunshine State, and how might an injunction affect your life? This is a conversation you might want to have with an experienced criminal defense attorney.

Florida’s Definition of Stalking in the Context of Injunctions

According to the Florida Courts, “stalking” occurs when you repeatedly follow or harass another person. This might include following another person in your vehicle, hanging around their place of work, education, or worship, or tailing them on foot. A petitioner can also obtain an injunction against you if you repeatedly harass them. The definition of harassment in this context is much broader, and it may include constant phone calls, instant messages, or trying to contact you through third parties.

Finally, Florida law states that cyberstalking can also lead to a stalking injunction. Cyberstalking involves any electronic method of communication aimed at the victim that causes “substantial emotional distress.” As long as the other person says that they feel emotional distress and your electronic communication serves no purpose, you could face cyberstalking charges and an injunction.

Cyberstalking is very common in the modern era, and many people today are more likely to stalk people online rather than in person. Examples include instant messaging, creating fake social media accounts to anonymously contact the other person, “tagging” the other person in your posts.

What if I Was Never Convicted of Stalking?

You might assume that if you were never convicted of stalking, you won’t face an injunction. However, this is not true. An injunction is a civil court order, and it is separate from the criminal justice system. In addition, the burden of proof associated with injunctions is much lower than the burden of proof for criminal convictions.

While prosecutors must prove that you stalked someone “beyond a reasonable doubt,” only a preponderance of evidence is necessary to grant the injunction. In other words, you could avoid a stalking conviction but still face an injunction. Someone may be able to obtain an emergency injunction against you while presenting virtually zero evidence of stalking to the court, although this injunction would only be temporary.

What Are the Consequences of a Stalking Injunction?

The consequences of a stalking injunction depend on the specifics of each situation and the details of the court order. If you have no interest in contacting the victim, you may not be concerned about the “stay-away” provisions. However, the court also has the right to order you to surrender your firearms and receive mental health treatment. A stalking injunction may also remain on your permanent record. This is why it makes sense to fight an injunction, even if you face no risk of jail time or fines.

Can a Fort Myers Injunction Lawyer Help Me?

If you face an injunction in Fort Myers, you might want to speak with a criminal defense attorney to learn more about your legal options. A stalking injunction in Florida can affect your life in various ways, and it makes sense to avoid legal consequences if possible. Contact the Fort Myers criminal lawyers at The Foley & Wilson Law Firm today to learn more about your legal options.

Sources: 

flcourts-media.flcourts.gov/content/download/685974/file_pdf/980t.pdf

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0784/Sections/0784.0485.html