If you or a loved one is a victim of stalking or if you have been accused of stalking someone and injunction has been filed against you, this article provides a brief overview of stalking and cyberstalking injunctions. Stalking is defined as willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. “Cyberstalk” means to engage in a course of conduct to communicate, or to 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.
To prove stalking there must be harassment. Harassment occurs when a person engages in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. A course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose.
A person seeking a stalking or cyberstalking injunction must file a petition with the clerk’s office and specifically allege the acts the other person committed. There is no filing fee and a clerk should help a petitioner complete the forms. Detailed instructions for filing stalking and cyberstalking injunctions can be found here for: Pinellas County, Hillsborough County, Manatee County, and Sarasota County. Once the injunction petition is complete, the clerk sends the petition to a judge who will review it to determine if it is appropriate to issue temporary injunction against the person who committed the stalking or cyberstalking. If a temporary injunction is issued, the sheriff’s office will serve the respondent. Generally, a temporary injunction prohibits contact of any type between the petitioner and the respondent and removes the respondent’s right to possess firearms.
Whether a temporary injunction is issued or not, the judge will set a return hearing where both the petitioner and the respondent have the opportunity to prove or disprove the allegations in the petition. Both parties have a right to reasonable notice and an opportunity to be heard, which includes the ability to present witnesses, present evidence, and to cross-examine any witnesses who testifies. If a judge improperly limits these rights, appellate courts may consider this a due process violation. Usually, a petitioner cannot raise new allegations of stalking or cyberstalking for the first time at the return hearing The petitioner has the burden to prove the allegations by the greater weight of the evidence.
The judge can either issue a final judgment for protection against stalking or cyberstalking or deny the injunction. If the injunction is granted, it will usually be for a specified period of time. A final judgment of injunction prohibits contact of any type between the petitioner and the respondent, and removes the respondent’s right to possess firearms. Either party may move to modify or dissolve a final injunction at any time.
If you or a loved one needs help with a stalking or cyberstalking injunction or an appeal from either of these injunctions, please contact our office for a free consultation.