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Stalking.

Started by sheclown, June 29, 2013, 05:46:24 PM

NotNow

784.0487 Violation of an injunction for protection against stalking or cyberstalking.—
(1) If the injunction for protection against stalking or cyberstalking has been violated and the respondent has not been arrested, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred. The clerk shall assist the petitioner in preparing an affidavit in support of reporting the violation or directing the petitioner to the office operated by the court that has been designated by the chief judge of that circuit as the central intake point for violations of injunctions for protection where the petitioner can receive assistance in the preparation of the affidavit in support of the violation.
(2) The affidavit shall be immediately forwarded by the office assisting the petitioner to the state attorney of that circuit and to such judge as the chief judge determines to be the recipient of affidavits of violations of an injunction. If the affidavit alleges that a crime has been committed, the office assisting the petitioner shall also forward a copy of the petitioner's affidavit to the appropriate law enforcement agency for investigation. No later than 20 days after receiving the initial report, the local law enforcement agency shall complete its investigation and forward a report to the state attorney. The policy adopted by the state attorney in each circuit under s. 741.2901(2) shall include a policy regarding intake of alleged violations of injunctions for protection against stalking or cyberstalking under this section. The intake shall be supervised by a state attorney who has been designated and assigned to handle stalking or cyberstalking cases. The state attorney shall determine within 30 working days whether his or her office will file criminal charges or prepare a motion for an order to show cause as to why the respondent should not be held in criminal contempt, or prepare both as alternative findings, or file notice that the case remains under investigation or is pending subject to some other action.
(3) If the court has knowledge that the petitioner or another person is in immediate danger if the court does not act before the decision of the state attorney to proceed, the court shall immediately issue an order of appointment of the state attorney to file a motion for an order to show cause as to why the respondent should not be held in contempt. If the court does not issue an order of appointment of the state attorney, it shall immediately notify the state attorney that the court is proceeding to enforce the violation through criminal contempt.
(4) A person who willfully violates an injunction for protection against stalking or cyberstalking issued pursuant to s. 784.0485, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, by:
(a) Going to, or being within 500 feet of, the petitioner's residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family members or individuals closely associated with the petitioner;
(b) Committing an act of stalking against the petitioner;
(c) Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
(d) Telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
(e) Knowingly and intentionally coming within 100 feet of the petitioner's motor vehicle, whether or not that vehicle is occupied;
(f) Defacing or destroying the petitioner's personal property, including the petitioner's motor vehicle; or
(g) Refusing to surrender firearms or ammunition if ordered to do so by the court,
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(5) A person who suffers an injury or loss as a result of a violation of an injunction for protection against stalking or cyberstalking may be awarded economic damages for that injury or loss by the court issuing the injunction. Damages include costs and attorney fees for enforcement of the injunction.
History.—s. 4, ch. 2012-153.
Deo adjuvante non timendum

NotNow

The points in the video are not national standards, but is a good guide for such investigations.  I am not an expert in this area, but it seems that part of the problem on the police side is the required length of the investigation along with the varying locations and modes of harrassment.  This is an area where persistence is required normally by the victim.  The victim should also familiarize himself/herself with the laws of the state in which they live.  In Florida as you can see, we can take these individual, seemingly harmless incidents and tie them together.  An Injuction for Protection will be issued.  But as I have cautioned many people, an Injuction is just a piece of paper, it will not stop bullets.  We will prosecute in Florida for violations of Injuctions and the State Attorneys Office will actively pursue these...the fact is that violation is simply a first degree misdemeanor. 

As a personal bit of advice, self defense is an important concept if you are in the position of victim in these cases.  I am a firm believer in the possession and carry of "pepper spray".  This is a non lethal agent that will normally allow one to at least escape immediate danger.  It is legal in Florida and requires only minimal training.  If you are comfortable with other weapons including deadly force, then a victim of such a crime should investigate what options they have available in their own jurisdictions.  This is the other half of the currently raging debate about self defense laws.   

The simple fact is that the aggressor in these cases will most likely NOT pick a time and place that a police officer is going to be present.  We all have some responsibility for our own defense.  Certainly, follow all of the advice in the video.  Follow the law as shown in my postings.  Get an Injuction for Protection if you qualify.  But..protect yourself as well.  Be smart.  Be aware of your surroundings.  Be prepared to defend yourself if someone has threatened you.

I hope this answers at least some of your questions sheclown.  Let me know if I have failed to answer something that you were looking for.
Deo adjuvante non timendum

sheclown

Thank you NotNow.

This is an honest and thorough response.

I guess its my turn!

Cheshire Cat

Just a question Stephen.  Is this only happening by phone or is the individual actually being physically followed?
Diane Melendez
We're all mad here!

Cheshire Cat

And they know who the individual is for sure?
Diane Melendez
We're all mad here!

Scarlettjax

In addition to NotNow's comments, here is another resource that provides some good statistics and advice to those being victimized by stalkers:  http://www.victimsofcrime.org/our-programs/stalking-resource-center

Sounds like there are quite a few of us that have had to deal with this dangerous nonsense.  Stalkers are the most dangerous type of bully.

I won't go into my decades-long story that would likely serve to just thrill my stalker to read, but to all that's been said, I would add what finally worked for me:

1. Do not reply, talk to, look at or in any way acknowlege the presence of the stalker but remove yourself from his or her vicinity.

2. Meticulously document all encounters.  Save the e-mails and texts, be sure to make copies of any recordings, if it just a sighting, then write down the date, time, place and any behaviors as soon as possible.

3. Contact law enforcement with each encounter.  Follow up with the state attorney if advised to do so.

4. Be prepared  for anything; these are not nice or well people.  It's your choice whether to be armed wth the weapon of your choice, but whatever it is, be trained and practiced in its use. 

5. Don't do stupid stuff, like go on a walk down a deserted alley while intoxicated at two in the morning in the stalker's neighborhood.  Plan to have a witness with you all the time when you are out and about.  Be sure you let them know what is going on, too. 

Good luck.  It is an awful thing and all about their control.  Don't give it to them.

sheclown

Thank you Scarlettjax. 

I'm sure this happens more than we think. 


Anabell

I've worked as a waitress for the last few years so you meet a slough of characters. One of these characters changed my life forever. He was a great tipper, charming constantly asking me out. He talked about all the places he travels and he wanted me to come along. One day along with a tip he left an envelope with a note and his  phone. The envelope contained booking for a two day stay at a resort. On advice from my boss he said to call him and return the envelope. I called him and we decided to meet at a coffee shop to hand over the envelope and to tell him once and for all that I am not interested. He said I'm a fool for not going out with him. This angered me. The truth is I said, you're old enough to be my dad and you aren't my type I left the envelope on the table and left. Not an hour passed when I started getting texts. I didn't respond, but they kept coming. They were vulgar and obscene. I started getting harassing calls at work. I decided to go to JSO and file a report. I was told to change my phone number. Also they didn't have enough to make an arrest and to keep documenting. I had to quit my job, the thought of seeing him makes me sick. I haven't received any calls in a while. However, my friends and family have had strange things happen. My parents got packages they didn't order, certify mail. It's difficult to proof he's the culprit. I feared for my safety. The good thing is I took self defense classes, how to handle weapons and gained lots of confidence. I visited women's shelters who were abused by their spouses and I refused to become a statistic.

BridgeTroll

QuoteThe good thing is I took self defense classes, how to handle weapons and gained lots of confidence. I visited women's shelters who were abused by their spouses and I refused to become a statistic.

Good Job Anabell!  Self reliant and confident are admirable traits!  8)
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sheclown

Thank you for sharing your story.  We care about you and your situation. Don't let him make you feel all alone

ChriswUfGator

You need to file a petition for an injunction for protection and have the court issue a no-contact order. It sounds to me as though you have more than enough to get one. If he contacts you after that, the police have no choice but to arrest him.


sheclown

#41
There is a specific injunction against stalking and the burden of proof is easier to meet than the regular restraining order against an abusive partner.  You may want to read up on it before you go to the courthouse to file for an injunction because the clerks you'll have to deal with are not always very cooperative or knowledgeable.

http://www.womenslaw.org/laws_state_type.php?id=15038&state_code=FL#content-15124


Overstreet

Quote from: sheclown on June 30, 2013, 04:22:38 PM
So, here's a question. 

Looking at the stalkers who live seemingly normal lives -- do their families know they are stalking?

I don't think families know or want to know. For example take any criminal activity where the bad one is killed. The first thing you see on the TV is the family telling you how wonderful the criminal was. They ignore the bad things.

ChriswUfGator

Quote from: sheclown on January 22, 2014, 08:33:48 AM
There is a specific injunction against stalking and the burden of proof is easier to meet than the regular restraining order against an abusive partner.  You may want to read up on it before you go to the courthouse to file for an injunction because the clerks you'll have to deal with are not always very cooperative or knowledgeable.

http://www.womenslaw.org/laws_state_type.php?id=15038&state_code=FL#content-15124



Or get a lawyer I guess is the other thing I'd tell her.


mtraininjax

QuoteMy parents got packages they didn't order, certify mail. It's difficult to proof he's the culprit. I feared for my safety. The good thing is I took self defense classes, how to handle weapons and gained lots of confidence. I visited women's shelters who were abused by their spouses and I refused to become a statistic.

Wow, amazing story. Post the picture on FB, Nextdoor, Social Media and let others know about your story. All you can do is let others know of this creep, because odds are he is going to do it again, since no one seems to know how to stop him. I'd want to know who he is, for sure. I'd plaster his face on every street pole in Riverside Avondale and make others aware of the crazy SOB!

Crazy idea, but get some training on how to defend yourself as well, because you never know and you can become a great advocate for others. Thanks for sharing!
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