Thomas C. Grajek | August 14, 2026 | Domestic Violence
Many people think that stalking only involves physically following someone around. Under Florida law, however, the offense covers much more than that and could also apply to things like repeated phone calls and certain types of online behavior.
A stalking conviction could lead to jail time on top of substantial fines, so it’s worth taking the time to learn about what Florida law has to say about these charges and how a criminal defense lawyer can help you respond appropriately. Read on for the information you need to know.
How Florida Defines Stalking
Under Florida law, a person commits stalking when they “willfully, maliciously, and repeatedly follow, harass, or cyberstalk another person.”
The law uses several key terms to determine whether certain behavior crosses the line into criminal territory:
- Harass: A course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.
- Course of conduct: A pattern involving a series of acts over any period of time, however short, that shows continuity of purpose. Certain constitutionally protected activities are excluded.
- Credible threat: A threat meant to make the target reasonably fear for their safety, whether that involves their life or physical well-being.
- Cyberstalking: Using electronic communications or accessing certain online accounts or devices without authorization as part of conduct that causes substantial emotional distress and serves no legitimate purpose.
Keep in mind that, as alluded to above, many other kinds of conduct could lead to charges that don’t involve physical contact.
What Are the Penalties for Stalking in Florida?
Florida takes stalking seriously. Ultimately, the penalties you’ll face depend on how severe the behavior was, among other factors, such as whether you have a prior criminal history.
Simple stalking is a first-degree misdemeanor. If convicted, you could face up to one year in jail, a fine of up to $1,000, one year of probation, and a ten-year restraining order that limits your contact with the alleged victim.
Under certain conditions, the charge rises to aggravated stalking, which is a third-degree felony. This can happen in many circumstances, such as if the person charged makes a believable threat while stalking the victim. A conviction at this level can lead to up to five years in prison and a fine of up to $5,000.
How Can Stalking Be Related to Domestic Violence in Florida?
Stalking can overlap with domestic violence when the people involved are family or household members under Florida law. For example, stalking allegations may involve spouses, former spouses, relatives, people who live or previously lived together as a family, or people who share a child.
A stalking allegation involving domestic violence can also lead to issues beyond the criminal charge, including a request for an injunction that restricts contact with the alleged victim. If you are facing stalking allegations involving a family or household member, it is important to understand how both the criminal case and any related court orders could affect you.
What Defenses Can I Raise in Response to a Stalking Charge?
If you’ve been charged with stalking, there are several defenses that may apply depending on the facts of your case.
Take note of the following:
- The alleged conduct served a legitimate purpose and did not meet Florida’s definition of harassment.
- The allegations are false and were made to damage your reputation or gain leverage in another legal dispute.
- The behavior described by the accuser has been exaggerated beyond what actually happened.
- The evidence behind the charge is insufficient to meet the burden of proof.
- Your actions were protected under the First Amendment, such as taking part in a lawful protest.
- Someone else was responsible for the conduct in question, and you were misidentified.
Every case is different at the end of the day. Your criminal defense lawyer can research and investigate the facts of your situation to arrive at a strategy that sets you up for success as best as possible.
Contact the Lakeland Domestic Violence Attorney at Grajek Criminal Defense Attorneys for Help Today
Stalking charges in Florida carry serious consequences that can affect your future. These allegations may also arise in domestic violence cases involving a spouse, former partner, family member, or someone with whom you share a child. When the line between lawful contact and alleged stalking is disputed, having an experienced lawyer on your side can be critical.
Grajek Criminal Defense Attorneys represents people facing stalking and domestic violence-related charges in Lakeland and throughout Central Florida. Contact our Lakeland domestic violence attorney today to schedule a consultation and learn how we can defend you.
Visit our convenient location:
Grajek Criminal Defense Attorneys
112 E Poinsettia St, Lakeland, FL 33803
(863) 688-4606
