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Permanent Injunctions And Aggravated Stalking

One of the ways in which aggravated stalking can be charged is when the crime of stalking, normally a misdemeanor, occurs while a permanent injunction or court-imposed prohibition of conduct toward the alleged victim is in place.

The misdemeanor crime of stalking can be defined as, "willfully, maliciously, and repeatedly [following] or [harassing] another person."

If an injunction or court-imposed prohibition of conduct is in place, the simple act of stalking can be elevated to a felony. It doesn't matter if the conduct itself doesn't change. It only matters that there is an injunction in place.

Aggravated stalking is defined as, "any person who, after an injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person's property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree."

Aggravated stalking is punishable by up to 5 years in state prison.

Eric Matheny is a criminal defense attorney serving Miami-Dade and Broward. Attorney Eric Matheny routinely handles domestic violence issues, such as aggravated stalking. Contact Attorney Eric Matheny today to discuss your legal matter.