Q: I have a temporary injunction on someone . She messaged someone in my family with lies/character defamation
...to cause problems AFTER she was served the stalking injunction. Will the state attorney likely view this as a violation of injunction? (in Florida)
If the injunction prohibits "stalking", probably not. Florida Statute 784.048 (2) defines stalking as follows: "A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083." “Cyberstalk” means:
"1. To engage in a course of conduct to communicate, or to cause to be communicated, directly or indirectly, words, images, or language by or through the use of electronic mail or electronic communication, directed at or pertaining to a specific person; or
2. To access, or attempt to access, the online accounts or Internet-connected home electronic systems of another person without that person’s permission."
Stalking, as defined, thus generally requires that the person who does it be in close proximity to the victim (either physically or, in the case of cyberstalking, virtually). Defamation is something else.
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