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- Violation of an Stalking Injunction
Violation of a Stalking Injunction
Any allegation of stalking or cyberstalking can result in a petitioner running to the courthouse to request an injunction for protection against stalking. The court, after reading the allegations of one side, will often grant a temporary stalking injunction and schedule the case for a return hearing.
If the allegations are false or exaggerated, then you should seek out the services of an attorney to help you fight these serious allegations. If the petitioner makes another allegation after the injunction is in effect, then you can be charged with the crime of violating an injunction for protection from stalking or cyberstalking as prohibited by § 784.0487(4), Fla. Stat.
Attorney for Staking Injunction Violations in Fort Lauderdale, FL
If you were charged with the serious offense of violating an injunction for protection against stalking or cyberstalking as prohibited by § 784.0487(4), Fla. Stat., then seek out the services of an experienced criminal defense attorney in Fort Lauderdale, FL, at Bacchus Law Firm.
Our attorneys represent clients charged with committing an act of stalking and related charges for Violation of Domestic Violence Injunction as prohibited by § 784.0487(4)(b), Fla. Stat. The penalties are enhanced if a person convicted of Violation of an Injunction for Protection against Stalking or Cyberstalking, has previously been convicted two times or more of Violation of an Injunction against the same person. 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.
If you were charged with the crime of violating an Injunction for Protection Against Stalking or Cyberstalking, then contact us to discuss the case. Call (954) 500-5555.
Elements of Violation of a Stalking Injunction
In order to prove the crime of Violation of an Injunction for Protection Against Stalking or Cyberstalking under § 784.0487(4), Fla. Stat., the prosecutor with the State Attorney’s Office in Broward County, FL, must prove the following two elements beyond a reasonable doubt:
- An injunction for protection against stalking or cyberstalking was issued by a court against the defendant for the benefit of the victim.
- The Defendant willfully violated the injunction by:
- committing an act of stalking or cyberstalking against (victim);
- telephoning, contacting, or otherwise communicating with (victim), directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
- going to, or being within 500 feet of, (victim’s) residence, school, place of employment, or a specified place frequented regularly by (victim) and any named family members or individuals closely associated with (victim);
- knowingly and intentionally coming within 100 feet of (victim’s) motor vehicle, whether or not that vehicle is occupied;
- committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to (victim);
- destroying (victim’s) personal property, including (victim’s) motor vehicle.
The crime of violating an injunction can also be charged when a person refuses to surrender firearms or ammunition if ordered to do so by the court.
This article was last updated on Friday, November 10, 2017.