In Florida, there is a legal action called an Injunction for Protection against Stalking. Injunctions are also called orders for protection or stay away orders in other jurisdictions. Stalking is defined as whent an accused "willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person." Harass means to "engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
What if injunction paperwork has been served in Florida? The Respondent or Defendant has been sued for an injunction. What many people fail to realize is that the hearing date the Respondent/Defendant just received is the TRIAL. The defense team must be prepared on that day to present all evidence to defend the case. Furthermore, an injunction can be a life sentence because; an order of protection can be valid until further order of the Court.
Domestic violence has made a lot of headlines recently and by now most of us have seen the ads the NFL felt compelled to bombard us with. My office defends those accused of the criminal charge of domestic violence but we also represent victims seeking injunctions and proceeding with divorce or dissolution of marriage.
In the context of criminal domestic battery or domestic violence, a question often asked is whether a victim can drop the charges. The short answer is No. Only a prosecutor has the discretion whether to charge a person with a crime. The victim to a domestic battery can request that the State not press charges, however it is simply a request.