What is Violation of an Injunction for Protection Against Stalking and Cyberstalking in Florida?
The crime of Violation of an Injunction for Protection Against Stalking and Cyberstalking is a First Degree Misdemeanor that is punishable by up to 1 year in jail and a $1,000 fine.
This offense occurs when:
- An Injunction for protection against stalking or cyberstalking was issued by a court against person for the benefit of victim.
- Person willfully violated the injunction by:
- Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family members or individuals closely associated with the petitioner;
- Committing an act of stalking against the petitioner;
- Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
- Telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
- Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;
- Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or
- Refusing to surrender firearms or ammunition if ordered to do so by the court.
“Willfully” means knowingly, intentionally, and purposely.
Some of the defenses to Violation of an Injunction for Protection Against Stalking and Cyberstalking are:
- Did not act willfully.
- Did not have knowledge of injunction entered.
Garcia v. State: On knowledge of injunction.
Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation
If you have been arrested or believe you will soon be arrested for the offense of Violation of an Injunction for Protection Against Stalking and Cyberstalking in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.
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