There has been a rise in stalking incidents that often lead to violent, criminal acts in recent years. It comes in different forms, including driving continuously to a person’s workplace or home, sending unwanted notes or gifts, sending numerous unwanted messages, and making repeated phone calls. The plaintiff should provide proof that the defendant intended to put them in danger, that the defendant threatened them, and that the defendant maliciously, willfully, and repeatedly harassed or followed them if the offender is found guilty of this act. Keep on reading to learn more.
Stalking is a pattern of unwanted, repeated contact, harassment, attention, or similar behavior directed at a particular person, causing them to feel fear. Laws and their definitions differ from state to state. Similar to cases of sexual assault, stalking is about control and power. Key points to remember are:
Under Florida Statutes Section 784.048, it is stated that:
If things get worse, it can be called aggravated stalking. In Florida, this criminal act is classified into four categories including:
Credible threats can be non-verbal or verbal that forces the victim to fear for their safety. It may also include threats to the victim’s family members or friends. You should have proof that the defendant can execute the threat. If they can’t perform the threat, it’s not punishable under aggravated stalking. You should have evidence that the defendant has repeatedly cyberstalked, harassed, and followed another individual and made threats, which may cause physical injuries or death, to persecute them of aggravated stalking with a credible threat.
You should prove beyond a reasonable doubt that the defendant harassed, cyberstalked, or followed a minor repeatedly, willfully, and maliciously.
You should have proof that the defendant repeatedly, willfully, and maliciously harassed, cyberstalked, or followed another individual, and the victim had a warning against the defendant for domestic violence, sexual violence, dating violence, repeat violence, and other behaviors. If this happens, you should ask if they have an injunction that has been issued against them.
You should establish that the alleged defendant was convicted for prohibited computer transmissions that are made for children under the age of 16, sexual activity, and crimes upon or in the presence of a minor. In addition, you should establish that they repeatedly, willfully, and maliciously harassed, cyberstalked, or followed the previous victim.
It’s best to hire a stalking lawyer in Florida to educate you about your constitutional rights and options that may help with your case. Key points to consider are:
|Information You Need for Your Stalking Lawsuit|
|Identity of the stalker.||Tell the defendant to stop all contact but only do this once. Ignore them no matter what the threat is. Don’t communicate with them again. Notify law enforcement of any further contact. Your family and friends should know that someone is following or harassing you. It’ll help if you describe the defendant so that others can alert you of their presence.|
|Proof of stalking.||Be specific. Be sure to gather all evidence of stalking – including mail messages, gifts, emails, notes, or letters – and keep a journal documenting the defendant’s behaviors. Make sure to record threatening or obscene phone calls.|
|Proof of damages.||If they still make contact, call the law enforcement authorities or speak to an advocate. Keep a copy of emails or a log of calls received and include the details, time, and date of the email or call. You may want to consider changing your email address or contact information if you’re still continuously being harassed.|
“Stalkers may obsess with their victims and express this obsession through different means? Some common reasons for this behavior may include revenge, control, and power.”
If you think another person is stalking you, online or in-person, talk to a stalking lawyer in Miami immediately to discuss filing a complaint. Our lawyers can assess your case and help you determine if you have enough information for a lawsuit. We can also help you gather critical information to file a complaint against a stalker and get the compensation you deserve, including pain and suffering claims. Contact us now at 1-800-567-HURT.
Unlike harassment, stalking can be a misdemeanor if there’s no prior conviction or a felony if the defendant has a previous conviction. In addition, the defendant should commit at least one or more of the following acts on more than one occasion:
Filing a report doesn’t take a lot of proof to have probable cause to convict someone of stalking. All it takes is someone filing a report that a person made them feel intimidated and harassed. Usually, a malicious alleged plaintiff may lie to law enforcement authorities even if there was no contact and the alleged victim can’t support the claim with proof beyond their statement.
Malicious acts by an intimate partner are the most dangerous kind of stalking. Intimate partner stalkers have more knowledge of their victims because they have so much personal information about the victim. Likewise, they tend to be more threatening, interfering, and insulting than non-intimate partner stalkers. Law enforcement authorities have found a strong link between women who were murdered by their current or previous partners and stalking.