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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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CIVIL NOT CRIMINAL- stalking violence south fla

Customer Question

THIS IS CIVIL NOT CRIMINAL- BUT NO TOPIC seems to be listed(?) IN HERE TO ASK THE QUESTION: I need someone versed in the south fla stalking laws. I had a 1 week ex employee (who is a looney tune) file a civil complaint against me, pro se (I have not been served yet) for stalking violence. I only responded to the guys texts and tel calls, never initiated them, but after 50 or so, I was very insulting to him, never threatened him though. His queries started out with "where is my paycheck" which I explained too many times to count until he provided us with a dl and ss we could not process it, but then always deteriorated into a text screaming session where invariabley I would text him degrading statements (only bad jokes, like "you're as useful as a chocolate teapot". Anyway I doubt I have any exposure but my corporate atty doesn't even want to do anything until I actually get served. My concern is that it is listed as a complaint regardless of the outcome and i don't want that reputation. I would guess eventually I will win but is there some sort of recourse like 57.105 here as well? He also called Dol which of course opened an investigation. I have yet to be damaged financially but that might occur so also the issues of libel, slander and defamation might come up..whats the best course to pursue?

Submitted: 1 year ago.
Category: Criminal Law
Expert:  Joseph replied 1 year ago.

As you may know, Florida calls this type of complaint an injunction against repeat violence. Such an injunction requires a showing of violence, threats of violence or harassing or stalking behavior. Additionally, Florida defines harassing or stalking behavior as engaging in a pattern and practice of behavior that has no lawful purpose.

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Based on what you have stated here, I do not believe that an injunction would be issued. If he did, in fact, file for an injunction, the judge likely denied it on an ex parte basis, meaning there would not currently be an injunction in place. Florida law requires a hearing to be scheduled within two weeks of the injunction petition being filed. At the hearing, he would need to show that you had engaged in unlawful behavior. With you merely have responded to his texts with the use of sarcastic or derogatory comments, it seems highly unlikely that he would prevail.

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As to fees, such as through a 57.105 motion, I would not suggest such a course of action. Florida laws encourage the use of injunction court where appropriate. As such, there it is extremely rare to award fees in such an action. In fact, in the fifteen or so years that I've been handling injunction cases, I have never seen a judge award fees.

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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Joseph and 6 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


Thanks Joseph. I added a $30. bonus but it still seems to be working...if it doesn't come up by morning, I will add it again. Our corporate atty doesn't have experience in this arena so I will probably need to find someone locally that does. As I said I don't think I have any risk but I have concerns about the public listing of the case.

Expert:  Joseph replied 1 year ago.
As of right now (11:00 a.m.), no bonus has come through. If you are so inclined, I would certainly appreciate it if you looked into the matter from your end. Thank you very much and, of course, please feel free to let me know if you need anything else.
Customer: replied 1 year ago.


Just got home and did it again. I would appreciate being able to talk to you directly if possible. I did finally get served today and there is a hearing on 4-16. I need to make a choice to use my corp counsel who is not versed in this genre of law or to hire someone who is. It should be simple enough against a pro se kid, but I want to make sure that this kind of thing doesn't happen again from him.

Expert:  Joseph replied 1 year ago.
I'm here. The bonus came through, thank you very much! What is your question this evening?
Expert:  Joseph replied 1 year ago.
I'm signing off for the evening. Feel free to post your question when you are able and I'll then respond when I'm back online. Thank you for your patience.

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