Florida stalking law addresses repeated conduct directed at a person. An isolated disagreement or unwelcome message is not automatically stalking, and a protective order is a separate civil proceeding.
Stalking and cyberstalking
Florida Statutes section 784.048 defines stalking through willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. Harassment involves a course of conduct causing substantial emotional distress and serving no legitimate purpose. Electronic messages or online conduct can fall within cyberstalking when the statutory elements are met. The relationship need not be domestic.
When is it aggravated?
Aggravated stalking may involve a credible threat, a child under 16, or conduct after certain court orders or conditions, depending on the subsection. The statute sets different offense levels and elements. An allegation of a threat is not proof; messages, context, dates, witness accounts, and the exact order can matter.
What to do after a charge or injunction
Do not contact the protected person or ask someone else to do so if an order prohibits contact. Preserve communications and follow the order unless a court changes it. A person may seek a stalking injunction under section 784.0485 even without a criminal conviction. Counsel can review both proceedings and their deadlines. Roy J. Kahn, P.A. handles Miami criminal defense matters. No outcome is guaranteed.
This is general information, not legal advice.
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