Cyber-Stalking Restraining Orders

Cyber-Stalking Restraining Order Lawyers in Broward County

Cyber-stalking is both a unique and problematic crime for which the Florida legislature has enacted a set of laws that seems to function quite well. According to Criminal Lawyers that were interviewed at recent defense seminar in Fort Lauderdale, this is due to the immediate and almost effortless ability of the alleged victim to restrain a perpetrators liberty very quickly. Restraining orders, also called injunctions, can be filed at the circuit court of the area where the victim may live, either temporarily or permanently.

A victim can file for an injunction for one or more incidents of cyber-stalking. This is just like an injunction against domestic violence claims Fort Lauderdale criminal attorney William Moore. The assigned judge will grant an ex parte temporary injunction order if certain criteria are met and/or there is clear immediate danger of the act being committed by the stalker. This order prohibits the stalker from not only contacting you but also would seem to ban the respondent from even talking about the victim publicly. An injunction order prohibits an alleged stalker from establishing any form of contact. This order holds good for 15 days, after which a hearing is held, provided that said respondent is properly served with notice. This hearing is held for the sole purpose of determining if a permanent order should be put into place.

The final injunction order can be for a few months or indefinately. The final injunction order in a cyber-stalking case contains all the guidelines of the temporary order and additionally makes it binding on the stalker to undergo counseling and/or treatment services for which he or she is financially responsible for. Florida Cyber-Stalking Punishments

Apart from the above-mentioned restraining orders that can protect an individual from cyber-stalking, the laws of the state also lay down stringent rules to punish offenders.

According to Florida Statutes, cyber-stalking is classed as a first-degree misdemeanor and if convicted, can land up the stalker in jail for a year. Sending threatening emails is considered as an act of aggravated stalking and is classed as a third-degree felony offense. The maximum punishment for this is five years in prison. Cyber-stalking a minor in Florida, that is an individual under the age of 16 years, is also punishable under the law and a stalker may have to serve five years in prison for the act.