Florida Injunction Form For Protection Against Stalking
Description
How to fill out Sample Brief - Injunction?
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FAQ
(3) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
An injunction is a court order against another person who has been physically violent with you and/or has placed you in fear of physical violence. The purpose is to require him or her to stay away from your home, your car, your place of employment, and other places the court finds necessary.
Aggravated Stalking ? Stalking and Making a Credible Threat To be convicted of aggravated stalking with a credible threat, the state prosecutor must prove beyond a reasonable doubt that: The defendant willfully, maliciously, and repeatedly followed, harassed, or cyberstalked another person; and.
The burden of proof is on the petitioner to show to the court (by a preponderance of the evidence standard) that they have been the victim of stalking and they need the court's protection. The petitioner must present competent, substantial evidence to the court.
The court will review all documents submitted and could decide at this time to issue a temporary injunction against the person accused of stalking (respondent). This ex parte injunction will be in effect for 15 days, and the court will set a hearing on the petition before the ex parte injunction's expiration.