Thomas C. Grajek | May 1, 2026 | Domestic Violence
A protective injunction, also referred to as a restraining order, is a civil court order in Florida that prohibits one person from having contact with another. There are five kinds of protective injunctions under state law, one of which is called a stalking protective injunction. This particular type of injunction could apply in the context of a domestic violence case, but it could also involve two people who do not have a close relationship with each other.
If a stalking protective injunction has been filed against you, the potential consequences can affect your daily life dramatically. Continue reading to learn more about how these cases work so that you can protect your rights.
How Does Florida Law Define Stalking?
Under Florida Statute § 784.048, stalking occurs when a person willfully and repeatedly follows, harasses, or cyberstalks another person. The behavior must be intentional and serve no legitimate purpose. “Harassment” in this context means engaging in conduct directed at a specific person that causes substantial emotional distress.
Aggravated stalking is a more serious offense and involves making a credible threat against someone with the intent to place them in reasonable fear for their safety. Aggravated stalking can also apply when the alleged behavior is directed at a minor under the age of 16.
The distinction between the two is meaningful because it can affect both the type of injunction filed and the potential criminal penalties as well.
What Is a Stalking Injunction and How Is One Filed?
A stalking injunction is a type of civil order designed to prevent the respondent, the person accused of stalking, from having any contact with the petitioner. Florida Statute § 784.0485 specifically governs these injunctions and distinguishes them from other types of injunctions.
Any person who believes they are a victim of stalking can file a petition with the circuit court in their county. The petitioner does not need an attorney to do so. Once the petition is filed, a judge will review it and may issue a temporary injunction right away if they find sufficient cause to believe the petitioner is in immediate danger.
A full hearing will then be scheduled, typically within 15 days. At that hearing, both sides have the opportunity to present evidence and testimony before the judge makes a final decision.
What Restrictions Can a Stalking Injunction Include?
If the court grants a final stalking injunction, the restrictions placed on the respondent can be significant.
Common terms include:
- No direct or indirect contact with the petitioner, including through electronic communications
- A requirement to stay a specified distance away from the petitioner’s home and workplace
- A prohibition on going to any locations the petitioner frequents
- Surrender of firearms and ammunition for the duration of the order
- Any additional terms the court considers necessary to protect the petitioner
These restrictions remain in effect for the duration of the injunction, which the court may set for a specific period or leave open-ended.
What Happens if I Violate a Stalking Injunction in Florida?
Violating a stalking protective injunction in Florida is a first-degree misdemeanor under Florida Statute § 784.047. A conviction can result in up to one year in jail, along with fines and a mark on your criminal record. Repeated violations and violations that involve acts of violence can lead to felony charges with harsher penalties.
Further, note that unintentional contact can still be treated as a violation. Showing up at an event where the petitioner happens to be present, for example, could lead to an arrest if the court believes you should have known they would be there.
Contact a Lakeland Criminal Defense Lawyer at Grajek Criminal Defense Attorneys for Help With Your Case
A stalking injunction is more than just a piece of paper and can impact your freedom in a number of important ways all at once. If you’re facing this type of injunction in Florida, contact the experienced Lakeland domestic violence lawyer at Grajek Criminal Defense Attorneys for a confidential consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.
Visit our convenient location:
Grajek Criminal Defense Attorneys
112 E Poinsettia St, Lakeland, FL 33803
(863) 688-4606
