The phone rings with a call from a Fort Lauderdale police detective asking you to come in to "clear up some questions" about messages you've sent to your ex. Or perhaps you've already been served with temporary restraining order papers containing allegations that you've been stalking a former partner.
These situations can trigger immediate panic, especially when terms like "domestic violence" and "stalking" are being used to describe what you believed were attempts to reconcile, share urgent family information, or understand why the relationship ended.
In South Florida, stalking domestic violence allegations carry serious legal consequences, potentially leading to felony charges, jail time, and lifelong restrictions on your freedom. The Law Offices of Robert David Malove understands that there are multiple sides to every story, and accusers sometimes mischaracterize legitimate communication as threatening or harassing behavior.
When facing allegations that combine stalking and domestic violence elements, consulting with an experienced South Florida domestic violence defense lawyer is essential to protect your rights and build a strategic defense.
Florida Stalking Laws
Florida law defines stalking in ways that might surprise many people, especially those who think their actions fall well short of criminal behavior. Knowing these definitions is the first step in mounting an effective defense.
What Is Stalking?
Under Florida Statute 784.048, stalking occurs when a person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person. This definition encompasses many behaviors that might seem innocuous to the accused but are interpreted differently by the alleged victim and law enforcement.
The legal threshold for establishing stalking doesn't necessarily require explicit threats. Courts can interpret repeated unwanted communication as harassment if it causes substantial emotional distress and serves no legitimate purpose. For example, sending multiple text messages after being asked to stop, waiting outside someone's workplace, or repeatedly driving by their residence could potentially meet the legal definition of stalking if you did not have a legitimate purpose to do those things.
Florida courts evaluate stalking accusations based on whether a reasonable person in the alleged victim's position would experience emotional distress. This subjective standard means that your intentions may be irrelevant if your actions created fear or anxiety for the other person.
Stalking is a misdemeanor of the first degree and carries a potential sentence of up to one year in prison, a fine of up to $1,000, and other legal consequences.
When Stalking Becomes Aggravated Stalking
Stalking charges escalate to aggravated stalking—a third-degree felony—when the behavior includes a credible threat with intent to place the victim in reasonable fear of injury or death. More importantly for domestic situations, stalking also becomes aggravated stalking when it occurs while a temporary restraining order or injunction against domestic violence is in effect.
If you’re charged with a third-degree felony, the potential legal penalty includes up to five years in prison, a fine of up to $5,000, and other potential consequences.
How Domestic Violence Allegations Impact Stalking Charges
When stalking occurs within the context of a current or former intimate relationship, Florida law treats these cases with heightened scrutiny and provides additional protections for alleged victims.
Defining Domestic Relationships Under Florida Law
Florida's domestic violence statutes apply to a broad range of relationships, including:
- Current or former spouses. Whether you are married or have been separated for years doesn't matter. The state treats domestic violence between married couples particularly seriously, often leading to enhanced penalties and mandatory interventions.
- People who share children. These cases frequently become entangled with family court proceedings, potentially affecting timesharing arrangements and requiring a lawyer who understands criminal and family law implications.
- Household members. People who live together as a family unit, whether related by blood or not, fall under domestic violence statutes.
- Dating relationships. Relationships with significant romantic involvement are included in Florida's domestic violence framework. The law considers factors like the length of the relationship and frequency of interaction when determining whether a dating relationship qualifies for domestic violence protections.
Impact of Domestic Violence Injunctions
Temporary injunctions (restraining orders) can be obtained relatively easily in Florida, often before you have an opportunity to present your side. Once issued, these orders typically prohibit all contact with the protected person and may require you to:
- Vacate a shared residence immediately
- Surrender firearms and ammunition to law enforcement
- Stay a specified distance from the petitioner's home, workplace, and other locations
- Have no contact whatsoever, including through third parties
Violating even minor provisions of a domestic violence injunction can result in immediate arrest and additional criminal charges, regardless of whether the underlying stalking domestic violence allegations are ultimately proven.
Stalking Domestic Violence Accusation Defenses
The Law Offices of Robert David Malove develops defense strategies based on the specific circumstances of each case, often focusing on:
Constitutional Challenges to the Collection of Evidence
This defense may be used in cases involving electronic communications or location tracking. Law enforcement must obtain proper warrants or consent to access private communications, and violations of these requirements may render evidence inadmissible.
Lack of Intent
You may have had legitimate reasons for communication, such as coordinating childcare, resolving property disputes, or addressing genuinely urgent matters. Context matters significantly in determining whether actions constitute stalking or represent reasonable communication between former partners.
Credibility Issues
The accuser's statements may lack credibility, particularly when allegations conflict with objective evidence or prior inconsistent statements. Your defense attorney will thoroughly investigate the accuser's claims, looking for contradictions or motivations that might explain false accusations.
How to Build Your Stalking Domestic Violence Defense Case
If you're facing stalking and domestic violence allegations, take these immediate steps to protect your rights:
- Preserve all evidence of communication, including text messages, emails, and social media interactions. This documentation can establish the proper context of exchanges and potentially contradict claims of harassment or threats.
- Identify potential witnesses who can testify about your relationship with the accuser and provide perspective on your interactions. Friends, family members, or coworkers who observed your behavior might offer valuable testimony contradicting allegations of stalking or threatening behavior.
- Follow all court orders precisely, even if you believe they were obtained through false accusations. Violating a restraining order dramatically worsens your legal position, regardless of the merits of the underlying allegations.
- Consult with a South Florida criminal defense lawyer immediately. Early legal intervention can sometimes prevent charges from being filed or lead to negotiated resolutions that avoid the most serious consequences.
Long-Term Consequences of Stalking and Domestic Violence Convictions
As discussed above, stalking can result in prison time and fines. Additionally, stalking and domestic violence convictions carry significant long-term consequences that can affect virtually every aspect of your life.
Professional Repercussions
Employment opportunities become severely limited with domestic violence or stalking convictions on your record. Many employers conduct background checks and view these offenses as serious red flags. Certain professions—including law enforcement, education, health care, and finance—may become inaccessible due to licensing restrictions or industry standards.
Professional licenses in fields ranging from nursing to real estate can be suspended or revoked following domestic violence convictions. Florida's licensing boards typically require disclosure of criminal histories and may deny applications or renewals based on convictions related to stalking or domestic violence.
Personal Restrictions
Firearm rights are automatically revoked upon conviction for domestic violence offenses under both Florida and federal law. This prohibition is permanent unless you obtain a pardon or have your civil rights restored through a complex legal process.
Housing options become significantly restricted, as many landlords conduct background checks and reject applicants with domestic violence or stalking convictions. Public housing typically maintains strict policies against residents with these specific types of convictions.
Immigration consequences can be severe, as domestic violence offenses are considered crimes of moral turpitude that may trigger deportation proceedings or prevent naturalization for non-citizens.
How South Florida Criminal Defense Lawyers Can Help
At the Law Offices of Robert David Malove, our experienced criminal defense team understands that you need help to avoid serious legal consequences. Our approach includes:
- Conducting thorough investigations to uncover evidence supporting your version of events
- Identifying potential motivations for false accusations, such as gaining advantages in divorce or custody proceedings
- Negotiating with prosecutors for reduced charges or diversion programs when appropriate
- Preparing compelling courtroom strategies if your case proceeds to trial
- Advising on collateral consequences and how to mitigate their impact on your future
If you're facing stalking or domestic violence allegations in Fort Lauderdale, Miami, Palm Beach, or anywhere in South Florida, don't wait to secure experienced legal representation. The actions you take immediately after accusations emerge can significantly influence the outcome of your case.
