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Stalking Injunction Reversed, Injunction for Protection Against Repeat Violence

June 6, 2017 by  
Filed under Uncategorized

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There are different kinds of injunctions for protection against stalking available under Florida law.  You should consult an attorney regarding your specific circumstances.

Where a person seeks a stalking injunction for protection against repeat violence (Fla. Stat. 784.046(2)) it is necessary that there is more than one incident of violence or stalking for an injunction to be issued and be upheld on appeal.  One of the incidents must have occurred within 6 months of the petition for injunction.  Stalking itself requires repeat behavior, so following someone once does not qualify as stalking.

In the case of Kriebel v. Piedrahita the Fourth District Court of Appeals for the State of Florida revered an injunction that had been issued by the trial court for protection against stalking and repeat violence because there was only one incident of violence and one incident of following  the petitioner in the record. As the following of the petitioner had only occurred once the appellate court decided it did not constitute stalking which requires repeated following, harassing, or cyber stalking.

If you need legal advice concerning an injunction, to obtain one, or defend against one, contact our attorneys to schedule a consultation.

 

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Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.