Stalking Injunction in Florida
Stalking is a serious offense in the state of Florida and one that victims need to take legal action to prevent. The St. Petersburg family law lawyers at Lopez Law has years of experience in cases related to stalking, and we can help protect you from your stalker. Taking the right legal action will help to keep you and your family safe if someone has begun stalking you.
Stalking has a clear definition under Florida law. This kind of conduct causes emotional distress, fear, and potential harm to those who are the source of a stalker’s attention. You will want to take immediate action to ensure that your stalker is held accountable under Florida law for this illegal behavior.
What is Stalking?
There is also a definition of “credible threat” under Florida law. This description indicates that this kind of threat can be verbal or nonverbal and that it can result in a reasonable fear for the safety of the victim or the safety of their family members.
Sadly, substantial emotional distress is not specifically defined under Florida law, so this aspect of stalker situations can be harder to point at as a reason for an injunction. Most judges who hear these cases will consider the emotional impact when they are creating an injunction against a stalker despite the fact that the law is not entirely specific about what this term means.
Stalking can make it impossible for victims to work, have fun, travel, or engage in activities with friends and family without fear. This is not an acceptable way to live your life, and the team at Lopez Law will ensure that you are not prevented from enjoying your life despite the actions of your stalker. In addition, taking legal action against a stalker will confer the potential for more serious legal constraints on their activities in the future. When stalkers do not obey injunctions against them, they can face significant legal penalties and even jail time.
How is a Stalking Injunction Filed?
This injunction is typically active for 15 days while the court sets a hearing and looks at the details of the case. Florida law doesn’t require that both parties have legal counsel with them at the hearing, but you need to be sure that the details of your case are explained correctly to ensure that you get the injunction that you need. Having a legal expert from Lopez Law at your hearing will help to ensure that you get the legal protections that you need to keep a stalker from impacting your safety and emotional well-being.
If there is more time needed to prepare your case, the team at Lopez Law can request a continuation of your hearing. Preparation is key when it comes to stalking injunctions, as you will need to be able to provide evidence and eyewitness testimony to support your claims. This kind of work can help the judge to create an injunction that is tailored to your needs and which keeps you safe from harm.
The court will deliberate about the details of your case and then create an injunction order. This injunction will place the following limits on your stalker:
- Prohibitions about contact with the victim over the phone, in person, and via electronic means
- Prohibitions against being present at or within 500 feet of the victim at home, work, school, or any place that they regularly visit
- Prohibitions against being within 100 feet of the victim’s vehicle, regardless of whether they are in the vehicle or not
- Mandatory surrender of firearms, weapons, and ammunition
If the circumstances of the stalking situation include other unique requirements, these can be added to the order at the judge’s discretion. This might be added protections for family members of the victim or protections for certain actions that the victim needs to take, which might bring them into contact with their stalker.
If the stalker shares custody of children with the victim, there might be arrangements for supervised visitation time with these minors, depending on the actions taken by the stalker prior to the injunction. In some cases, it is best if the children do not have contact with the person who has stalked their other parent. These kinds of decisions are often left up to the judge in each unique case.
Can my Stalking Injunction be Denied?
In some cases, stalking injunctions are denied. This is often related to a lack of evidence, something that can be avoided by securing the help of a skilled legal team for your hearing. You can file an appeal for this kind of denial, and the team at Lopez Law can help you get the legal protection that you need. We work hard for our clients to make sure that they do not have to live in fear on a daily basis due to a stalker. The judge will almost always award in favor of someone who is being stalked, so an appeal should result in a revision of the injunction denial and reconsideration of its necessity.
What Happens if the Stalking Injunction is Violated?
If the person who has stalked a victim decides to ignore the injunction against them, there are legal fines that can be leveled against them. These kinds of actions can result in a first-degree misdemeanor, which can lead to one year of jail time and a large fine.
If the person who is stalking you violates the order a second time, this offense will be a third-degree felony, and the fine might be as large as $5,000. Under Florida law, felons are often limited with regard to employment, might not be able to find housing, and could be limited in other regards. This is why having a stalking injunction in place against an aggressor is so critical. While it is not ideal for that person to ignore an injunction against them, there is added legal action that can be taken against an aggressor following the completion of the injunction process.
It can be scary to meet with your stalker face-to-face in court. However, the team at Lopez Law has years of experience in these cases. We can help you to get the legal protection in place that will hold a stalker accountable for their action in the future. This is the power of the injunction order, and you will want to make sure that you let a legal expert work on this kind of case with you to ensure your future protection from someone who has been stalking you.
How is the Stalking Injunction Enforced?
Many people are very frightened of their stalkers, and this makes perfect sense. However, holding this person accountable is critical and requires that victims be willing to involve the police so that further justice can be done to protect their rights. Sending a stalker to jail is often one of the outcomes of violations of these orders, and this can discourage the stalker from taking action against you in the future.
Working With a Skilled Lawyer is Essential
If you are struggling with emotional distress and fear related to someone stalking you, you need to reach out to the team at Lopez Law today. We have years of experience with these kinds of cases, and we can help you get the legal protection that you need to ensure that your stalker cannot harm you or your family. We will take the time to collect the testimony and other evidence necessary to ensure that you are protected from the negative and harmful actions of a stalker.
Contact us today and get scheduled for a consultation. We will be happy to go over the details of your case and work hard to seek the legal protections that you need to feel safe again.