Created by FindLaw's team of legal writers and editors | Last reviewed March 19, 2018
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What is stalking? Stalking is characterized as a pattern of malicious and willful behavior that occurs over a period of time -- and more than once. While we often associate stalking with someone lurking in the bushes outside someone’s house, stalking can also refer to various other forms of harassment, such as: repeatedly calling someone’s home or place of business, vandalizing personal property, or even leaving someone unwanted written notes or gifts.
Though most have only recently made it a crime, stalking is now a criminal offense in every state. Florida's stalking law defines the crime as repeated harassment that creates a credible threat of harm. The crime is often charged against estranged partners and spouses.
In Florida, victims of stalking also have a civil remedy available to them in the form of restraining orders (also called "orders of protection"). A restraining order is an official document issued by the court that essentially “orders” (requires) the stalker to refrain from contacting or otherwise pursuing the victim.
Below are the basic elements of Florida's stalking law.
Code Section |
Florida Code Section 784.048 |
Definitions |
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Punishment/Classification |
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Penalty for Repeat Offense |
Violating Injunction/Protective Order:
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Arrest or Restraining Order Specifically Authorized by Statute? |
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Possible Defenses |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Being accused of stalking another person is a serious crime. While you may believe you weren't engaging in a pattern of harassing conduct, the victim and law may see otherwise. As such, it is always advised to have an experienced criminal defense attorney on your side to help fight the charges.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Florida attorneys offer free consultations.