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Legal Information: Florida

Restraining Orders

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October 6, 2023

What can I do if the stalker violates the order?

You can call the police and the stalker can be arrested. Make sure you have a copy of the injunction to show the police when they arrive. A person who violates an injunction can be committing a misdemeanor of the first degree.1 A misdemeanor of the first degree may be punishable by up to one year in prison, a fine of up to $1,000, or both.2 However, it can be a felony of the third degree if the abuser has two or more convictions for violation of an injunction or foreign protection order and then violates this order against the same victim.1 A felony of the third degree may be punishable by up to five years in prison, a fine of up to $5,000, or both.3​​

Another option is to file a violation petition in court if the stalker is not arrested. You can report the violation to the clerk’s office in the circuit court in the county where the violation occurred, which may be a different courthouse than the one that gave you the injunction. The clerk will help you take the appropriate steps to file a violation petition to enforce your injunction. Your affidavit (sworn statement) will then be sent to law enforcement and the state attorney for further action.4

The judge can hold the stalker in contempt of court or the state attorney can prosecute a violation as a criminal violation.5 Also, if you suffer an injury or loss as a result of a violation of the injunction for protection against stalking, the court that issued the injunction can award you money damages, including costs and attorney fees for enforcement of the injunction.6

1 Fla. Stat. § 784.0487(4)
2 Fla. Stat. §§ 775.082(4)(a); 775.083(1)(d)
3 Fla. Stat. §§ 775.082(3)(e); 775.083(1)(c)​
4 Fla. Stat. § 784.0487(1), (2)
5 Fla. Stat. § 784.0485(9)(a)
6 Fla. Stat. § 784.0487(5)