Stalking Another Person or Injunction Against a Stalker

Stalking is a person who willfully ,maliciously and repeatedly follows, harasses, or cyber stalks another person commits the offense of stalking.

Stalking is a misdemeanor of the first degree punishable by up to one year in jail. If the person accused of stalking makes a credible threat to harm the alleged victim or the harassment occurs after an injunction for protection against domestic violence has been issued, stalking becomes a third degree felony punishable by up to five years in prison.

Florida statute 784.048 defines harass as engaging in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. Credible threat means a verbal or nonverbal threat , including threats delivered by electronic communication. The threat must place the victim in reasonable fear .The accused must have the apparent ability to carry out the threat.

Cyberstalking occurs when the accused uses an electronic device such as a computer or an iPhone to pursue the victim.

If you have been accused of stalking you may be facing serious prison time. We can help. If you are the victim of a stalker, we maybe able to help obtain an injunction against the stalker. The person stalking you will be prohibited from contacting you and could go to jail if the injunction is violated. Call attorney Daniel j Fernandez at the Fernandez law firm for a free consultation. – 813-229-5353.