Stalking Crimes in Polk County

Under Section 784.048(2), F.S., stalking is charged as a first degree misdemeanor punishable by up to 12 months in jail and a $1,000 fine. Prosecutors often have a difficult time proving stalking crimes at trial. The elements of stalking require proof beyond a reasonable doubt of the following elements:

• the defendant acted willfully, maliciously, and repeatedly;
• by following, harassing, or cyberstalking;
• another person.

If the defendant and alleged victim are domestically related, the crime of stalking or aggravated stalking is classified as a crime of domestic violence in Polk County, FL.

Attorney for Stalking Crimes in Polk County, FL

If you were charged with stalking or aggravated stalking, contact an experienced criminal defense attorney at Sammis Law Firm. We represent clients accused of violent crimes in Polk County, including Bartow, Lakeland, and Winter Haven.

We can also represent you if you were charged with an injunction for protection from stalking in Polk County, FL.

Contact us for an initial consultation. During the confidential consultation, learn more about the charges, the typical penalties imposed, and the best defense to fight for an outright dismissal of the charges.

Call 813-250-0500.

Elements of Aggravated Stalking Crimes

The crime of aggravated stalking is charged as a third degree felony punishable by up to five (5) years in prison and a $5,000 fine. Aggravated stalking requires proof beyond a reasonable doubt that a person:

• acted willfully, maliciously, and repeatedly;
• by following, harassing, or cyberstalking:
  • a child under 16 years of age; or
  • another person and makes a credible threat to that person;
  • another person who has been granted:
    • an injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046, F.S.; or
    • an injunction for protection against domestic violence pursuant to s. 741.30, F.S.; or
    • after any other court-imposed prohibition of conduct toward the subject person or that person’s property.

Additionally, the crime of aggravated stalking can be charged against a person who contacts the victim of the offense in violation of Section 921.244, F.S., after having been sentenced for a violation of one of the following offenses:

• sexual battery under Section 794.011, F.S.;
• lewd or lascivious offenses under Section 800.04, F.S.; or
• computer pornography offenses under Section 847.0135(5), F.S.

Petition for Injunction or Restraining Order in Polk County, FL

The victim of stalking or aggravated stalking can also petition the court for an injunction for protection from stalking, which is sometimes called a “restraining order.” The person claiming to be a victim of stalking is called the “petitioner,” and the person being accused is called the “respondent.”

The petitioner files the paperwork at the Clerk of Court Family Law Department on the 1st Floor of Polk County Courthouse in Bartow. The Clerk of Court offers a Do It Yourself (DIY) Center with full-time employee at the Bartow Courthouse to help the petitioner complete the injunction paperwork.

After reviewing the petition ex parte, the court might issue a Temporary Order for Protection Against Stalking and set a return hearing. At the return hearing, the petition must prove the allegations in court through testimony and evidence, and the respondent is given a chance to contest that evidence or present new evidence showing that stalking did not occur.

This article was last updated on Thursday, August 15, 2024.