Is Stalking A Crime Of Domestic Violence?
Stalking is a criminal offense that only truly became known a few decades ago, with the first anti-stalking law being passed in 1990 in California. Florida’s law was passed in 1992, and sets out in detail the factors that must be present in a case for the law to apply. Because of its often intimate nature, it is commonly referred to as a crime of domestic violence, but not every stalking case involves family or household members. It is important to understand the legal criteria for this offense if you believe that it may be happening to you.
Specific Criteria Must Be Met
A crime of domestic violence under Florida law is one that results in “physical injury or death” to the victim, who must share a specific relationship with the alleged perpetrator (usually a spouse, ex-spouse, unmarried co-parent, or certain others). Stalking, by comparison, is defined as someone “willfully, maliciously, and repeatedly“ engaging in ‘following, harassing, or cyberstalking’ another person. If a credible threat is made, the charge rises to aggravated stalking.
As currently written, Florida’s anti-stalking statute characterizes the offense as a first-degree misdemeanor, but it will generally be prosecuted as a felony if credible threats are made or if the alleged stalker has an injunction against them (whether for domestic violence or another type). Misdemeanor sentences are usually no more than 1 year, but felony sentences may be anywhere from three years to life, depending on degree.
Exceptions To The Rule
On the surface, it does not necessarily sound as though stalking falls under the domestic violence umbrella, but there are cases in which it does fit the criteria. It is also important to note that “harassing” is not defined narrowly in the relevant statute; it simply references a ‘course of conduct’ to cause a specific person ‘significant emotional distress’ – which may or may not include physical encounters.
In addition, it is important to keep in mind that jurisprudence does state that stalking can itself be an act of violence, even if no further physical altercation happens. An Appeals Court case from 2016 involved a woman seeking an injunction against repeat violence who was initially denied, stating that she did not present sufficient evidence since no further physical violence had happened. The court reversed the verdict, holding that stalking itself was sufficient ‘violence’ to warrant the protection.
Contact A West Palm Beach Domestic Violence Attorney
Sometimes it can be difficult to determine whether or not you are being stalked – but if you suspect this behavior is going on, know that it can fall under the umbrella of domestic violence. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help determine your options and how best to protect yourself and your family. Call our office today at (561) 721-0552 to speak to an attorney.
Source:
ojp.gov/ncjrs/virtual-library/abstracts/anti-stalking-statutes
