Cyberstalking & Domestic Violence

In Florida, ‘domestic violence’ is a wide umbrella term, with many offenses falling under that purview if they meet certain criteria. Stalking and cyberstalking are two of the crimes that may qualify as domestic violence offenses, but this can be a shock to someone whose intent is not to cause any kind of emotional distress. If you have been accused of cyberstalking or any other form of digital harassment as part of a domestic violence case, it is crucial that you seek the help of an attorney quickly.

Is Cyberstalking A Domestic Violence Crime?

One might be confused about how stalking or cyberstalking would qualify as a domestic violence offense, given that the state’s definition of domestic violence refers to any criminal offense “resulting in physical injury or death” to the victim. The answer is that stalking is explicitly mentioned in the statute as being a crime of domestic violence, and thus, counts as an exception of sorts to the rule.

Florida’s definition of cyberstalking is any communication, or attempt to communicate, via electronic methods (e-mail, text messages, and the like) to cause “substantial emotional distress” to a specific person while serving “no legitimate purpose.” It is important to note that the statute explicitly refers to willful conduct, intended to cause distress – if that outcome is clearly accidental, a charge of cyberstalking may not apply.

Several Criteria To Show

In general, there are several criteria that a state’s attorney must establish in order to make a case against a defendant in this type of case. They must show that the defendant’s conduct has been “willful” and “not for a legitimate purpose” – that is, solely to cause emotional distress. They must also show a pattern of events happening over time – for example, sending 20 text messages in one day may not be sufficient, but a targeted campaign of harassment over weeks or months will have its effect.

The alleged target of these ‘communications’ must show they have a reasonable level of fear and distress – while that may look different to everyone, there must be enough to get a reasonable person to conclude that their safety is threatened. If any of these criteria are not sufficiently proven in court, it is likely that you will avoid a conviction – but it often takes an experienced attorney to increase those odds.

Contact A West Palm Beach Domestic Violence Attorney

While most people think that domestic violence offenses have to involve physical harm, stalking and cyberstalking are exceptions to that rule, and can carry serious jail time if you are convicted of either – with extra time sometimes added if the stalking is a domestic violence offense. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help protect your rights – call us today to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html