What counts as stalking in Florida, and how serious is the charge?

Stalking charges often follow a breakup, a custody dispute or an injunction, and they increasingly rest on texts, social media posts and account logins rather than physical following. The statute uses defined terms, and each one is a place where a case can be strong or weak. This page walks through them, the penalty levels and how a stalking injunction fits in. How Mr. Mead defends domestic and relationship charges is on our domestic violence defense page.

How does a stalking case move, step by step?

1. The complaint. Someone reports repeated following, messages or online conduct, often with screenshots or call logs.
2. Arrest without a warrant. An officer with probable cause that the person violated the stalking statute may arrest without a warrant (s. 784.048(6)).
3. First appearance. When the people involved are family or household members, stalking is domestic violence and the person is held until a judge sets bail (ss. 741.28(2), 741.2901(3)).
4. Charging. The State Attorney chooses between misdemeanor stalking and one of the aggravated stalking provisions.
5. A parallel injunction. The complaining person may also petition for an injunction against stalking (s. 784.0485).
6. Resolution and sentencing. If convicted, the court must consider a no-contact order that can last up to 10 years (s. 784.048(9)).

What do the statute's key words mean?

Three phrases carry most cases. "Repeatedly" and "course of conduct" mean one act is not enough. "Substantial emotional distress" is measured against the person targeted. And "no legitimate purpose" leaves room for contact that has a real reason, such as arranging time-sharing under a court order, although an order can also forbid that contact. Logging into a former partner's email or a smart doorbell account without permission can be cyberstalking on its own under s. 784.048(1)(d)2., a point many people do not expect. Related online offenses are covered on our internet and web-based crimes page.

What are the penalties?

The injunction version, s. 784.048(4), applies after an injunction against domestic, repeat, sexual or dating violence, or "any other court-imposed prohibition of conduct toward the subject person or that person's property," wording that reaches beyond injunctions alone. A single contact that breaks an injunction is a separate offense; the penalty for that is explained in what the penalty is for violating a domestic violence injunction. How a third-degree felony compares with other degrees is in our chart of Florida criminal penalties.

What else follows a stalking conviction?

• A long no-contact order. The sentencing court must consider ordering no contact with the victim for up to 10 years, based on the seriousness of the facts, the risk of future violations and the victim's safety, even if the sentence is probation (s. 784.048(9)).
• No sealing. Stalking and aggravated stalking convictions, including withheld adjudications after a plea, cannot be sealed or expunged (s. 943.0584(2)(i)).
• A surcharge. The $201 domestic violence surcharge applies to violations of s. 784.048 (s. 938.08).
• Domestic violence rules. Between family or household members, stalking is domestic violence, bringing the probation and intervention program requirements explained in what a domestic battery conviction carries.

What is different when the people involved are family?

Stalking and aggravated stalking are on the list of offenses that count as "domestic violence" when committed by one family or household member against another, which includes former spouses, people who lived together as a family and parents of a child in common (s. 741.28). That label changes the case in three ways. The person arrested is held until first appearance rather than released on a bond schedule (s. 741.2901(3)). The case goes to the State Attorney's specialized domestic violence prosecutors, who decide whether to file or drop it, over the alleged victim's objection if necessary (s. 741.2901(2)). And a guilty finding, a no contest plea or a withheld adjudication brings at least a year of probation with a batterers' intervention program, unless the court states why the program is inappropriate (s. 741.281). Former dating partners who never lived together and have no child in common fall outside s. 741.28, though their cases can still involve a dating violence injunction under s. 784.046.

The statute also has a provision for people already sentenced for certain sexual offenses who were ordered not to contact the victim: repeatedly following, harassing or cyberstalking that victim is aggravated stalking, and the sentence runs consecutive to the earlier one (s. 784.048(7), (8)).

How does an injunction against stalking work?

A victim of stalking or cyberstalking, or a parent of a minor child living at home, can petition the circuit court for an injunction against stalking, and a temporary injunction can last no more than 15 days before the full hearing (s. 784.0485). The Seventeenth Circuit in Broward notes that a stalking injunction may be filed against any individual and does not address the home, time-sharing or support. A final stalking injunction carries the firearm ban in s. 790.233, explained in guns after a Florida injunction. Violating a stalking injunction is a first-degree misdemeanor, and a third-degree felony after two or more prior violation convictions against the same victim (s. 784.0487). What happens at the hearing itself is covered in what happens at an injunction for protection hearing.

What changes the answer?

• Repetition. One message or one encounter is not a course of conduct (s. 784.048(1)(b)).
• Purpose. Contact with a legitimate purpose is outside the definitions of harassing and cyberstalking.
• A threat. A credible threat turns stalking into a felony (s. 784.048(3)).
• A court order. Repeated conduct after an injunction or no-contact order is aggravated stalking at level 7 (s. 784.048(4)).
• Age. Stalking a child under 16 is aggravated stalking (s. 784.048(5)).
• The relationship. Between family or household members it is domestic violence, with the arrest and release rules in what happens after a domestic violence arrest.
• Physical contact. If a threat or contact goes further, the charge may become assault or battery instead of, or along with, stalking; see the difference between assault and battery.

A worked example

For example, picture a hypothetical man in Hollywood whose girlfriend ended their relationship. Over three weeks he sends dozens of messages from new accounts after she blocks him, and logs into her streaming and email accounts with an old password. None of the messages threatens her. That pattern could be charged as stalking, a misdemeanor, with the account logins fitting the cyberstalking definition. If she obtained an injunction and he kept messaging her afterward, the same conduct could be charged as aggravated stalking, a third-degree felony at level 7. This is an illustration of how the statute is written, not a prediction.

Common mistakes people make

• Creating new accounts to reach someone who blocked you.
• Logging into a former partner's accounts or home devices with a remembered password.
• Posting about the person repeatedly, thinking it is not "contact."
• Deleting messages, which removes context that might help.
• Assuming no threat means no crime; misdemeanor stalking needs no threat.

What to do this week

1. Stop all contact with the person, including through others and online.
2. Do not access any shared or former accounts or devices.
3. Preserve your own messages and the other person's messages, unedited.
4. Read any injunction or release order for its exact terms.
5. Speak with a defense attorney before talking to police.

Frequently asked questions

Is stalking a felony in Florida?

Simple stalking is a first-degree misdemeanor. Aggravated stalking, with a credible threat, after an injunction or court order, or against a child under 16, is a third-degree felony (s. 784.048).

Can texting be stalking?

Yes, if it is a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose; that is cyberstalking under s. 784.048(1)(d).

Does the person have to be afraid for stalking?

Simple stalking requires substantial emotional distress, not fear. A credible threat, which places the person in reasonable fear for safety, is what makes it aggravated under s. 784.048(3).

Can I be arrested for stalking without a warrant?

Yes. The statute allows a warrantless arrest on probable cause that it was violated (s. 784.048(6)).

How long can a no-contact order last after a stalking conviction?

The sentencing court may order no contact for up to 10 years (s. 784.048(9)(a)).

Can the alleged victim drop a stalking charge?

The State Attorney decides; in domestic cases specialized prosecutors decide over the victim's objection if necessary, as explained in whether the alleged victim can drop the charges.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. Stalking cases often turn on the full message history, not just the screenshots chosen for a report, and on whether each element is really there. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If you are accused of stalking or cyberstalking, a confidential call to (561) 362-6677 is a sound first step.

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