Various specific offenses can qualify as domestic violence under Florida law when the parties have a qualifying relationship as defined by statute. While most of these crimes involve some sort of physical contact or involuntary detention, someone can face a domestic violence charge for harassing behavior that occurs in person or online.
Both stalking and aggravated stalking charges can be classified as domestic violence if the defendant and alleged victim are linked in one of the following ways:
- Family members
- Residents of the same household who have some sort of familial or romantic relationship
- Current or former spouses or romantic partners
- Co-parents
Misdemeanor stalking occurs when someone willfully, maliciously and repeatedly follows, harasses or cyberstalks another person, causing them to feel frightened, intimidated or threatened. Stalking behaviors can include unwanted communication, surveillance, threats and other forms of intrusive behavior that instill fear and distress in the victim.
Aggravated stalking is a third-degree felony which involves a credible threat, the violation of a restraining order, a victim of a previous crime or a victim who is 16 years old or younger. There are also distinct offenses addressing cyberstalking and sexual cyber harassment, which is often characterized as “revenge porn.”
Unlike other types of domestic violence cases, prosecutions related to stalking don’t rely on evidence of physical injuries. Many activities that give rise to these claims hinge on an individual’s interpretation. A defendant might not have had any malicious intent when they went by the accuser’s house or reached out to them online. Yet they could find themselves the subject of a criminal prosecution and a civil restraining order. Moreover, the label of someone who has committed domestic violence can shatter a person’s reputation.
People accused of criminal behavior by a family member or intimate partner often attempt to work things out on their own. This could be a costly decision. Retaining a seasoned domestic violence defense attorney should be your top priority if you’re facing an allegation of stalking or a different offense. There are many potential defenses in these matters, particularly in cases involving stalking, which require at least two incidents and evidence that the victim experienced emotional distress.
Joseph Montrone, Jr., P.A. protects the rights of Floridians accused of domestic violence and other types of crimes. To schedule a free consultation, please call [ln::phone] or contact me online. My office is in St. Petersburg.