Skilled Help With Stalking Violence And Injunctions For Protection
A person who believes that they are a victim of stalking has the right to file a sworn petition for an injunction for protection in the state of Florida. An injunction can prohibit your stalker from doing specific things that threaten your safety, providing you with the peace of mind you deserve.
At Finkelstein Firm, P.A., I can provide the legal help you need with your injunction. I am lawyer Jenna Finkelstein. If you are the victim of stalking or have been served with a petition for injunction for protection against stalking, then there are some things you should know about Florida stalking laws.
Definitions Of Common Related Terms
A person who willfully, maliciously and repeatedly follows, harasses or cyberstalks another person commits the criminal offense of stalking, a first-degree misdemeanor.
A person who willfully, maliciously and repeatedly follows, harasses or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a third-degree felony.
“Harass” means to engage in a course of conduct directed at a specific person that causes substantial emotional distress to that person and serves no legitimate purpose.
A “course of conduct” is a pattern of conduct composed of a series of acts over a period of time – however short – which evidences a continuity of purpose. The term does not include constitutionally protected activities, such as picketing or participating in other organized protests.
A “credible threat” is a verbal or nonverbal threat or a combination of the two – including threats delivered by electronic communication or implied by a pattern of conduct – that places the person who is the target of the threat in reasonable fear for their safety, the safety of their family members and individuals closely associated with them. These threats also make apparent the ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.
“Cyberstalk” means to engage in a course of conduct to communicate – or cause to be communicated – words, images or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.
Temporary Injunctions, Final Injunctions And Hearings
When a sworn petition is filed with the clerk, a judge will review the document and decide if it appears that stalking exists. If the court finds that it does exist, a temporary injunction may be issued, and a hearing will be scheduled. A temporary injunction can only be effective for a period of 15 days or less, so the hearing will be scheduled within that time frame.
Let A Florida Attorney Help Protect You
An injunction can be just what you need to defend yourself from your stalker. If you are ready to meet with me in a free initial consultation to discuss how I can help you with your injunction needs, call me at 727-202-4418 or email me here.