Florida Statute Injunction For Protection
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FAQ
Section 784.0485(1), Florida Statutes, establishes a cause of action for an injunction for protection against stalking. Stalking occurs when a person ?willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.? § 784.048(2).
Civil restraining orders cannot be expunged because they are civil actions, not criminal. They will therefore remain on your criminal record. Still, you can request to have the conditions modified or to have the injunction removed.
It is well established that, to determine whether an injunction is ?just and proper,? courts apply the ?familiar set of four equitable factors: the movant's likelihood of success on the merits; the possibility of irreparable injury to the moving party; the extent to which the balance of hardships favors each party; and ...
A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate remedy at law; 4) consideration of the public interest.
Florida Statute § 784.0485 allows certain persons to petition for an Injunction for Protection Against Stalking. This petition may be filed by any person who is the victim of stalking (as defined above) or by a parent or legal guardian for a minor child living at home who is the victim of stalking.