How A Florida Stalking Injunction works: A Legal Guide

How A Florida Stalking Injunction works: A Legal Guide

At the Lipinski Law Firm we understand the distress and fear that stalking can cause. If you are a victim of stalking in Florida, you have the right to seek legal protection. ​The Florida Supreme Court Approved Family Law Form 12.980(t) allows you to request an injunction for protection against stalking in Florida. ​To help ensure your safety, we have put together this step-by-step guide on filing a Florida stalking injunction and securing legal protection.


Understanding Stalking and Cyberstalking

Did you know that Florida law provides legal protection for stalking victims through injunctions? If you’re feeling unsafe, you have options.

Stalking involves repeated following, harassment, or cyberstalking of one person by another. ​Furthermore, cyberstalking includes using electronic communication to cause substantial emotional distress to a specific person without any legitimate purpose. Many victims are unaware that online harassment through social media, text messages, and emails qualifies as cyberstalking under Florida law.


When to Use This Form

You should use this form if you are a victim of stalking and need a protective order. ​However, if the respondent is a spouse, former spouse, or someone you have lived with, then you might need to use a different form for domestic violence protection.


1. Read General Information

First and foremost, before you start, read the General Information for Self-Represented Litigants. ​This section defines important terms and provides useful information to guide you through the process.

2. Complete the Form

  • Next, fill out the form in black ink, providing as much detail as possible.
  • If you need help, the clerk of the circuit court or family law intake staff can assist you.

3. File the Form

  • After completing the form, you can file it electronically or bring it to the clerk in the county where you reside, where the respondent resides, or where the stalking occurred.
  • Fortunately, there is no filing fee for this petition.

Next Steps After Filing a Stalking Protection Order

Once your petition is reviewed, the judge may grant a Temporary Injunction for Protection Against Stalking. ​This injunction is issued without notice to the respondent and takes effect immediately after the respondent is served. ​It lasts until a hearing can be held or for 15 days, whichever comes first.

This process is an essential step in obtaining an injunction for protection against stalking in Florida, ensuring that victims receive the legal support they need as quickly as possible.

Once your petition is reviewed, the judge may grant a Temporary Injunction for Protection Against Stalking. ​This injunction is issued without notice to the respondent and takes effect immediately after the respondent is served. ​It lasts until a hearing can be held or for 15 days, whichever comes first.


Preparing for the Hearing

Attend the Hearing

  • You must appear in court on the date specified in the temporary injunction. ​
  • Additionally, the respondent will also have the opportunity to testify.

Present Evidence

  • Be sure to present facts and evidence supporting your petition.
  • If you do not attend, your petition may be dismissed.

What to Do If Your Stalking Protection Order is Denied

If your petition is denied, do not lose hope. You can file a Supplemental Affidavit in Support of Petition for Injunction for Protection. ​The court will set a full hearing on your petition if there is no immediate danger of stalking.


Frequently Asked Questions (FAQ)

How long does a stalking injunction last?

A temporary injunction lasts up to 15 days or until a hearing is held. If a final injunction is granted, the judge will determine its duration based on the circumstances.

What happens if the respondent violates the injunction?

If the respondent violates the injunction, law enforcement can take immediate action, which may result in arrest and criminal charges.

Can I modify or extend the injunction?

Yes, you can request modifications or extensions if circumstances change. You will need to file a motion with the court explaining why an extension or modification is necessary.


Important Information on E-Filing and E-Service

E-Filing

  • All petitions and documents must be filed electronically unless you are excused.
  • Be sure to follow the procedures of the judicial circuit where you file.

E-Service

  • After the initial service of the petition, all documents must be served by email.
  • To ensure proper communication, designate your email address using the Designation of Current Mailing and E-mail Address form.

Special Notes

  • Nonlawyer Assistance: If a nonlawyer helps you fill out the form, they must provide a Disclosure from Nonlawyer and include their contact information.
  • Confidential Address: If you need to keep your address confidential for safety reasons, complete a Request for Confidential Filing of Address and write “confidential” on the petition.

Why You Should Hire an Attorney for Your Stalking Protection Case

Lawyer counseling client.

While it is possible to file a Petition for Injunction for Protection Against Stalking on your own, having a lawyer by your side can provide significant advantages:

  • Expert Guidance: A lawyer can help you understand the legal process, ensuring that all forms are correctly filled out and filed.
  • Strong Representation: Additionally, an attorney can represent you in court, presenting your case effectively and advocating for your safety.
  • Emotional Support: Dealing with stalking can be emotionally draining. A lawyer can provide the support and reassurance you need during this challenging time.
  • Comprehensive Protection: Moreover, a lawyer can help you seek additional protective measures and ensure that all aspects of your safety are addressed.

At Lipinski Civil Law, we are dedicated to providing compassionate and effective legal support. Our experienced attorneys are here to help you navigate the legal system and secure the protection you need.


Conclusion

Filing a Petition for Injunction for Protection Against Stalking can provide you with the legal protection you need. ​Therefore, follow these steps carefully and seek assistance if necessary. ​Remember, your safety is paramount, and the legal system is here to help you.

For more information, you can contact the Domestic Violence Hotline at 1-800-500-1119 or visit www.flcourts.org.

If you need personalized assistance, please do not hesitate to reach out to Lipinski Civil Law. We are here to support you every step of the way.


📞 Call Us: 727-643-8964
🌐 Visit Us Online: joeltheattorneysblog.com
Email Us: joel@joeltheattorneysblog.com

Don’t wait—take action today. Contact The Lipinski Law Firm for a confidential consultation and let us help you secure the legal protection you deserve.

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