Fighting an Injunction for Protection Against Stalking

  • Oct 12 2018

There is never an excuse for terrorizing or threatening the safety of another person. Stalking is a particularly heinous crime which leaves victims in a perpetual state of fear and uncertainty, and those who commit stalking should be held legally accountable for their actions. Unfortunately, it is all too common for individuals to be falsely accused of stalking. At Valiente, Carollo and McElligott PLLC, we know that being falsely accused of stalking can ruin your reputation, your career, and dramatically change your life.

Why Do People Make False Stalking Allegations?

It seems unfathomable that anyone would make up a false stalking allegation, because of how serious a charge it is. Unfortunately, a large number of people have been victims of false stalking allegations. Why do people make these kinds of false allegations?

It is very common for people to make false stalking allegations during the course of a marital separation. A false stalking allegation in Florida can result in a restraining order, and having a restraining order on your record can sometimes negatively impact your child custody agreement as well as your division of martial assets. Other people make false stalking allegations as the result of feeling like someone else has slighted them in some way, or to put pressure on someone to behave a certain way.

Another common reason people make false stalking allegations is that they simply misunderstand the intentions of the person they are accusing of stalking. Sometimes people confuse threatening behavior with what is simple a desire to make amends or to express their feelings for another person. No matter the reason, making up a false stalking allegation is inexcusable given how serious the repercussions can be

What Does Florida Law Say About Stalking?

Florida law says an injunction can be issued for protection against stalking. Under Florida law, stalking is defined as when a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.” To “harass” means “to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.” “Course of conduct” is defined as a “pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose.” To determine whether an incident has caused someone “substantial emotional distress,” courts use a “reasonable person” standard, which means they consider whether the actions would cause a reasonable person substantial emotional distress.

How Can We Defend You Against a False Stalking Charge?

At Valiente, Carollo and McElligott PLLC, we will aggressively defend you against false stalking allegations. We will look for facts which can demonstrate to the courts or to law enforcement that you are not guilty of the behaviors described. One thing that most stalking cases have in common is that the victim and the accused have some sort of relationship – whether it’s personal, business related, or they’re neighbors. Because of the existence of this relationship, there is also almost always a reasonably apparent motive on the part of the accuser. And when demonstrated to the prosecutors or a jury, often results in dismissals. We will also look for evidence that suggests that perhaps this situation is simply a misunderstanding on the end of the person accusing you. Finally, we will use our extensive knowledge of Florida’s stalking and injunction laws to help you avoid the stress of being labeled a stalker.

Facing Stalking Charges?

If someone has falsely accused you of stalking, call Valiente, Carollo and McElligott PLLC immediately. Our experienced Miami criminal defense attorneys are ready to help. Contact us today to discuss your options.

Posted in: Criminal