Posted on

Revenge Porn

Can you imagine someone distributing or displaying pornographic or sexual pictures of you through the internet? 

Revenge porn can be devastating to its victims lives and their emotional well being.

In Florida, there are very specific laws in relation to what constitutes cyber sexual harassment.  In layman’s terms, laws against revenge porn.

First, it can be criminally prosecuted.  It appears that there have been a small number of criminal prosecutions under the revenge porn law since it has been on the books, approximately half of which resulted in the dismissal of the case, and half of which lead to an adjudication. 

To address revenge porn criminally you will want to gather all the evidence you can and go to the police to make a report. Hopefully, the police will then conduct a criminal investigation which can lead to potential criminal prosecution by the State Attorney.

Under many circumstances a victim or effected person can also seek a civil injunction for protection against cyber stalking to address revenge porn similar to an injunction that would be available to a stalking victim.  An injunction to stop revenge porn acts like distributing or displaying pornographic or sexual pictures of you.

Florida statutory law defines cyberstalking as: 

1.Engaging in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person; or

2. To access, or attempt to access, the online accounts or Internet-connected home electronic systems of another person without that person’s permission, causing substantial emotional distress to that person and serving no legitimate purpose.

While not all encompassing the statutory definition of cyberstalking is quite broad and has been found to include many types of revenge porn.

If you feel you have been the victim of cyberstalking or revenge porn and need an injunction to protect you please contact us to discuss the specifics of your situation and how we maybe able to help you.

Posted on

Can A Stalking Injunction Or Domestic Violence Injunction Be Modified?

Modification of Stalking Injunctions and Domestic Violence Injunctions

Yes.  Stalking injunctions and domestic violence injunctions can be modified or dissolved under Florida law where there has been a substantial change in circumstances warranting the change.  Where a party seeks to modify a stalking or domestic violence injunction and sufficient allegations are made in a motion to support the modification the court must then hold an evidentiary hearing to determine if the modification is justified, and if so, how the injunction will be changed.

Hence even a permanent injunction may not be permanent at all.

In Feldman v. Callins, the Fourth District Court of Appeals for the State of Florida reversed a trial court decision that dismissed a legally sufficient motion to dissolve or modify a stalking injunction.  The Court ruled that the where a legally sufficient motion for modification has been filed a party must be given the opportunity to be heard on it.

If you need to talk to a lawyer about a stalking or domestic violence injunction or the modification or dissolution of one contact us to arrange a consultation.

Posted on

Relief from Injunction Against Stalking Pursuant to Florida Rule of Civil Procedure 1.540

Stalking Injunction Respondent, John Richards asked for relief from an injunction against stalking pursuant to Florida Rule of Civil Procedure 1.540.  Florida Rule of Civil Procedure 1.540 provides the possibility of relief from an order, judgment, or decree where there has been a clerical mistake, mistake, inadvertence, excusable neglect, newly discovered evidence, or fraud. There are some very specific procedural requirements that must be observed for relief to  be granted under the Rule.

Mr. Richards claimed in support of his motion that he was of low to average intelligence and had poor comprehension, did not understand what the injunction was, or understand the notice of evidentiary hearing  so he did not attend the evidentiary hearing at which the injunction was entered against him.  In support of his Motion to set aside the injunction Mr. Richards filed affidavits sworn to by both himself and his mother.  The trial court summararily denied Mr. Richards Motion without conducting a hearing.

Stalking Injunction Set Aside

In Richards v. Crowder, the Fourth District Court of Appeals for the sate of Florida reversed the trial court’s denial of Mr. Richard’s Motion stating that the Motion was facially sufficient as Florida law recognizes that illness, psychological condition, lack of the ability to read, and lack of comprehension can all support a finding of excusable neglect that can lead to relief from a court judgment such that the trial court should have conducted an evidentiary hearing on the Motion rather than denying it outright.  The trial court was instructed to hold an evidentiary hearing on Mr. Richards’ Motion.

If you need to talk to a lawyer about a domestic violence or stalking injunction or a motion to set aside or obtain relief from an order, judgment, order or decree contact our office to schedule a consultation.