Stalking, Harrassment, and Abuse: What Your Legal Options Are in Florida

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Stalking, Harassment, and Abuse
What Your Legal Options Are in Florida
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DEFINITIONS
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Florida Statute 741.28 defines domestic violence
as
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Florida Statute 741.28 defines domestic violence
as
any assault, aggravated assault, battery,
aggravated battery, sexual assault, sexual
battery, stalking, aggravated stalking,
kidnapping, false imprisonment, or any criminal
offense resulting in physical injury or death of
one family or household member by another family
or household member
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Florida Statute 784.048 defines harassment and
stalking as
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Florida Statute 784.048 defines harassment and
stalking as
Harass means to engage in a course of conduct
directed at a specific person which causes
substantial emotional distress to that person and
serves no legitimate purpose.
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Florida Statute 784.048 defines harassment and
stalking as
Harass means to engage in a course of conduct
directed at a specific person which causes
substantial emotional distress to that person and
serves no legitimate purpose.
A person who willfully, maliciously, and
repeatedly follows, harasses, or cyberstalks
another person commits the offense of stalking.
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Crimes and Punishment
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There are numerous charges that can apply to a
domestic violence situation
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Misdemeanor domestic battery, for example,
carries up to a year in jail and up to a 1,000
fine
a
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More serious charges, such as aggravated assault
and battery or domestic violence with bodily harm
are felonies that carry mandatory jail terms
b
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A conviction for domestic violence can also
affect employment, the right to carry a firearm,
and visitation/custody of minor children
c
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Stalking can also be a misdemeanor or a felony
and can result in up to five years in prison if
convicted
d
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Restraining Orders vs. NO CONTACT ORDERS
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No Contact Order stems from a criminal
prosecution and is usually a condition of
pre-trial release in a domestic violence or
stalking case
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No contact order prohibits contact between
defendant and alleged victim
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Injunction for Protection is the correct term
for a civil restraining order in Florida
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Alleged victim must petition court for an
injunction
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Court can issue an ex parte order, meaning
Respondent does not have the chance to respond
to allegations
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Injunction for protection also prohibits contact
between petitioner and respondent
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Misdemeanor DUI
Types of Injunctions IN Florida
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Want to Know More About Florida Domestic Violence
Laws?
Learn More About Stalking, Abuse and Harassment
in Florida
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Click to visit psffirm.com
Content provided by Best Legal Practices