Florida criminal charge
Violation of an injunction for protection against stalking or cyberstalking in Florida
Violation of an injunction for protection against stalking or cyberstalking is a criminal offense under Florida law, defined by Fla. Stat. § 784.0487. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 784.0487.
What is the penalty for violation of an injunction for protection against stalking or cyberstalking in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Violation of stalking/cyberstalking injunction (base offense) — A person willfully violates an injunction for protection against stalking or cyberstalking (or a qualifying foreign protection order) by committing any of the enumerated acts, such as going near the petitioner's residence/school/work, stalking, threatening, contacting, approaching the petitioner's vehicle, defacing property, or refusing to surrender firearms.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Violation of stalking/cyberstalking injunction (base offense) — A person willfully violates an injunction for protection against stalking or cyberstalking (or a qualifying foreign protection order) by committing any of the enumerated acts, such as going near the petitioner's residence/school/work, stalking, threatening, contacting, approaching the petitioner's vehicle, defacing property, or refusing to surrender firearms.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Violation of injunction with two or more prior convictions — A person who has two or more prior convictions for violation of an injunction or foreign protection order subsequently violates any injunction or foreign protection order against the same victim.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Violation of injunction with two or more prior convictions — A person who has two or more prior convictions for violation of an injunction or foreign protection order subsequently violates any injunction or foreign protection order against the same victim.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is violation of an injunction for protection against stalking or cyberstalking classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Violation of stalking/cyberstalking injunction (base offense) | Misdemeanor of the First Degree | A person willfully violates an injunction for protection against stalking or cyberstalking (or a qualifying foreign protection order) by committing any of the enumerated acts, such as going near the petitioner's residence/school/work, stalking, threatening, contacting, approaching the petitioner's vehicle, defacing property, or refusing to surrender firearms. | Fla. Stat. § 784.0487(4)(a) |
| Violation of injunction with two or more prior convictions | Felony of the Third Degree | A person who has two or more prior convictions for violation of an injunction or foreign protection order subsequently violates any injunction or foreign protection order against the same victim. | Fla. Stat. § 784.0487(4)(b) |
Common questions about violation of an injunction for protection against stalking or cyberstalking in Florida
Is violation of an injunction for protection against stalking or cyberstalking a felony or a misdemeanor in Florida?
It depends on the circumstances: violation of an injunction for protection against stalking or cyberstalking ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 784.0487.
Violation of stalking/cyberstalking injunction (base offense): Misdemeanor of the First Degree (Fla. Stat. § 784.0487(4)(a)) · Violation of injunction with two or more prior convictions: Felony of the Third Degree (Fla. Stat. § 784.0487(4)(b))
What are the penalties for violation of an injunction for protection against stalking or cyberstalking in Florida?
Penalties for violation of an injunction for protection against stalking or cyberstalking in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers violation of an injunction for protection against stalking or cyberstalking?
Violation of an injunction for protection against stalking or cyberstalking is governed by Fla. Stat. § 784.0487 (Violation of an injunction for protection against stalking or cyberstalking).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.