Violation of a Stalking Injunction

A civil stalking injunction is a legal document that is meant to protect a victim of stalking. In Florida, this document can occur after the alleged victim files a petition for an injunction for protection from stalking or cyberstalking. The order prevents the person accused of being a stalker from contacting or harassing the alleged victim in any way.

After the injunction for protection from stalking is entered, a violation of the terms of the order can result in you being arrested and charged with the crime of violating an injunction for protection against stalking. This serious criminal charge comes with serious criminal penalties.

Attorneys for Violation of a Stalking Injunction in Fort Lauderdale, FL

If you were charged with violating an injunction for protection against stalking or cyberstalking under Florida Statute Section § 784.0487(4), Fla. Stat., then contact an experienced attorney at Meltzer & Bell, P.A.. Our stalking defense attorneys in Fort Lauderdale, FL, are experienced in fighting these complicated cases.

If you were just served with a Petition for a Staking Injunction in Broward County, FL, call us to find out how to fight to get the injunction dismissed at the return hearing if the allegations are insufficient, false or exaggerated.

Call (954) 716-8538 today.


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Elements of Violation of a Stalking Injunction in Florida

To prove the crime of Violation of an Injunction for Protection Against Stalking or Cyberstalking, the prosecutor for the State Attorney's Office in Broward County must prove the following two elements beyond a reasonable doubt:

  1. An injunction for protection against stalking or cyberstalking was issued by a court against defendant for the benefit of victim.
  2. The Defendant willfully violated the injunction by:
    • refusing to surrender firearms or ammunition if ordered to do so by the court;
    • destroying the petitioner's (victim's) personal property, including the petitioner's motor vehicle;
    • knowingly and intentionally coming within 100 feet of the petitioner's  motor vehicle, whether or not that vehicle is occupied;
    • telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
    • committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
    • committing an act of stalking against the petitioner; and 
    • going within 500 feet of the petitioner's residence, school, place of employment, or another specified place frequented regularly by the petitioner and any named family members or individuals closely associated with the petitioner.

Many of these cases involve a new allegation of stalking. Related charges involving allegations of stalking include the crime of Violation of Domestic Violence Injunction under Florida Statute § 784.0487(4)(b).


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Prior Convictions in a Felony Violation of a Stalking Injunction Case

If the defendant is found guilty of Violation of an Injunction for Protection Against Stalking or Cyberstalking, the fact that the prior conviction occurred shall be determined separately by the jury in a bifurcated proceeding. 

The Florida Supreme Court has approved standard jury instructions for the crimes of Violation of an Injunction for Protection Against Stalking or Cyberstalking based on prior convictions.

For Felony Violation of an Injunction for Protection Against Stalking or Cyberstalking based on prior convictions, the jury must not be informed of the prior Violation of Injunction convictions until the verdict on the underlying Violation of an Injunction for Protection Against Stalking or Cyberstalking is rendered.

If the information or indictment contains an allegation of prior Violation of Injunction convictions, the court must not read that allegation to the jury or send the information or indictment into the jury room.

The term “conviction” means a determination of guilt which is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.


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Attorney for Stalking Injunction Violation Crimes in Broward County, FL

If you are charged with Violation of an Injunction for Protection Against Stalking or Cyberstalking, we can help you fight the charges. The penalties are more serious if it is proven that you have previously been convicted two times or more of Violation of an Injunction against the same person.

The stalking defense attorneys in Fort Lauderdale at Meltzer & Bell, P.A. represent clients after an allegation of violating a stalking injunction. We also represent men and women served with a petition for an injunction for protection from stalking. 

Let us put our experience to work for you. Call (954) 716-8538 today.

This article was last updated on Friday, November 3, 2017.

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