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Injunction for Protection Against Stalking or Cyberstalking

Stalking and cyberstalking are serious offenses, and an injunction against them can lead to long-term restrictions and penalties. If you’ve been served an injunction against stalking or cyberstalking, or believe you may be served in the near future, it’s time to seek legal counsel. Contact Hanlon Law today to schedule a free consultation. 


What Is the Legal Definition for Stalking and Cyberstalking? 


The term “stalking” often brings to mind shady individuals in black clothes with sunglasses tailing their victim through the city and peeking in through their windows. While these behaviors certainly qualify, the legal charge of stalking covers much, much more. 


Florida law defines stalking as intentional, malicious, and repeated following, harassing, and/or cyberstalking of someone else. Harassment is further described as a series of acts that serve no legitimate purpose committed over time against a person, causing them emotional distress or putting them in danger of physical harm. Such acts can be a wide variety of things, but most often include accosting, repeatedly soliciting interaction after prior refusals, and loitering at places of employment or frequent visitation without an invitation to do so.


Similarly, cyberstalking is defined as a series of intentional, malicious, and repeated acts committed electronically that serve no legitimate purpose, causing the recipient substantial emotional distress or putting them in danger of physical harm. The most common forms of cyberstalking include seeking out social media profiles and either messaging through those platforms or commenting on posts on those platforms in an inappropriate manner, especially after the person has requested cessation. Sending unsolicited messages, images, videos, or other content after being asked to stop also qualifies. 


A common misconception is that, in order for behavior to constitute stalking (cyber or otherwise), the perpetrator must threaten the victim. While this does of course happen, no actual threats need to be made in order for a court to grant an injunction for protection against stalking or cyberstalking.


It’s also important to note that law enforcement officers are not required to have a warrant when arresting on suspicion of stalking or cyberstalking, and may do so with reasonable cause alone.


What Is an Injunction for Protection Against Stalking or Cyberstalking? 


An injunction is simply a court order that requires or restricts certain behaviors on the part of the served party (the petitioned). 


There are three different types of injunctions: 


  • Temporary (or ex parte) injunctions - granted without a court hearing and may not exceed 15 days in duration
  • Permanent (or final) injunctions - only granted after a court hearing where the petitioned may defend themselves. May last for any amount of time including ad infinitum (forever)
  • Preliminary - granted after a court hearing, specifically either before or during the course of a trial, not to endure beyond the end of the trial unless continued into a permanent injunction


An injunction for protection against stalking or cyberstalking specifically is designed to protect the person who requests the injunction (the petitioner) from those behaviors. Essentially, the court order will outline what the petitioned may or may not do in regards to the petitioner. Often, this includes barring the petitioned from seeking the petitioner out, contacting them electronically, or coming within a certain radius of the petitioner, their residence, or place of employment. However, the exact requirements of the injunction will vary from case to case, and depend heavily on what the petitioner is asking for, the facts of the case, and the judge’s discretion.


While such injunctions may be requested by and subsequently granted to the alleged victim, the court itself may decide to issue an order in response to stalking or cyberstalking charges. 


What Are the Consequences for Violating an Injunction Against Stalking or Cyberstalking? 


Violating an injunction is a first-degree misdemeanor, which may result in jail time up to a year (or 12 months probation), and fines up to $1,000. 


However, in the case of stalking and cyberstalking specifically, a more nefarious charge awaits: aggravated stalking. Aggravated stalking is when the petitioned party intentionally acts outside the bounds of the court order and continues the behavior deemed stalking or cyberstalking by the court, especially if credible threats are found to have been made. 


Aggravated stalking is a third-degree felony, and as such, comes with more severe potential jail time and fines. Convicted felons also often face long-term discrimination when attempting to secure housing, employment, educational opportunities, professional licensure, and more.


Certain circumstances may also could lead to an aggravated stalking charge. For example, the stalking or cyberstalking of a minor under 16 years of age is likely to qualify for such charges. Similarly, any prior convictions of sexual battery, lew and lascivious offenses, or any any crimes under the Computer Pornography and Child Exploitation Prevention Act, may lead to the upgraded charge.

How to Fight Against A Stalking or Cyberstalking Injunction


No matter what kind of injunction is served, neither the petitioner nor the petitioned are required to have legal representation. However, if you’re facing an injunction against stalking or cyberstalking, or have been charged with either, legal counsel with experience in stalking and cyberstalking defense can make all the difference. While temporary injunctions may be granted without your defense, those only last for 15 days at most. Permanent injunctions, however, can have permanent consequences on your life, and having an experienced defense attorney on your side can make all the difference in whether or not the injunction is granted, as well as the severity of the potential injunction’s restrictions. 


If you’ve been served an injunction against stalking or cyberstalking, or have been charged with stalking or cyberstalking, all hope is not lost. At Hanlon Law, our experienced legal team brings over 20 years in the defense business to the table. We’ll aggressively advocate on your behalf and take every opportunity to secure the most favorable outcome possible. Contact us today to schedule a free consultation.

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