Orlando Stalking/Harassment Defense Lawyer
Stalking and harassment allegations in Orlando can upend your life long before a judge or jury hears your side. An accusation can lead to an arrest, a court order that keeps you away from your own home or workplace, and a criminal record that follows you into every job and housing application. If you have been accused, the most important step is to speak with an attorney who understands criminal defense and how the State of Florida builds these cases.
Attorney Simon Wiseman has more than 25 years of trial experience, including years as a state prosecutor in Orange County. At Wiseman Law, he uses that insider knowledge to examine the messages, calls, social media activity, and witness statements behind an accusation, and to look closely at whether the conduct actually meets Florida’s legal definition. Many of these cases turn on context, intent, and proof, not on the accusation alone.
Time-Sensitive for Orlando Stalking Allegations
A temporary stalking injunction can be entered before you are heard, and the full hearing must be set before it expires, which can be no more than 15 days.
Former state prosecutor in Orange County. More than 25 years of trial experience. Available 24 hours a day. Free consultation.
How Florida Law Defines Stalking and Harassment
Florida’s main stalking law is Section 784.048 of the Florida Statutes. Under that law, a person commits stalking by willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. In other words, harassment is one of the ways the State of Florida can allege stalking, rather than a separate crime under the same statute.
The statute also defines the key terms. To harass means to engage in a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose. A course of conduct is a pattern of acts over a period of time, however short, that shows a continuity of purpose. Constitutionally protected activity, such as picketing or other organized protests, is not a course of conduct. Those definitions give a defense attorney a great deal to work with.
What the State of Florida Must Prove
A stalking conviction requires proof of each part of the offense. If the State of Florida cannot prove every part, the charge may fail.
Willful
The conduct was intentional, not accidental or incidental to something else.
Malicious
The conduct was done with wrongful intent, not for an ordinary or innocent reason.
Repeated
More than one act, forming a pattern with a continuity of purpose, not a single contact.
No Legitimate Purpose
The conduct caused substantial emotional distress and served no legitimate purpose.
Cyberstalking and Online Conduct
Technology has widened the ways a stalking allegation can arise. Under Florida law, cyberstalking includes sending electronic communications, such as emails or messages, to a specific person in a way that causes substantial emotional distress and serves no legitimate purpose. It also includes accessing another person’s online accounts or home computer systems without permission. Repeated texts, direct messages, comments, and tagged posts can all become evidence. Wiseman Law reviews this material for context, timing, who started the contact, and whether an account or device can truly be tied to you. Similar allegations are often handled alongside internet sex crimes when sexual content is involved.
Related Charges That Often Appear With Stalking
Stalking accusations rarely arrive alone. Depending on the facts, prosecutors may consider other offenses. Threatening writings or electronic messages to kill or do bodily harm can be charged as a second-degree felony under Section 836.10. Harassing telephone calls can be charged as a second-degree misdemeanor under Section 365.16. Sharing sexually explicit images without consent can fall under Florida’s sexual cyberharassment law, which is a first-degree misdemeanor for a first offense and can become a third-degree felony for a later offense. Allegations that arise inside a relationship may also involve domestic violence charges, and a request for a restraining order often runs on a parallel track.
Simple Stalking Versus Aggravated Stalking
The difference between simple and aggravated stalking is the difference between a misdemeanor and a felony. The table below shows how the State of Florida classifies each version under the stalking statute.
| Offense | What Triggers It | Classification | Maximum Penalty |
|---|---|---|---|
| Stalking | Willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person | First-degree misdemeanor | Up to 1 year in jail and a $1,000 fine |
| Aggravated Stalking (Credible Threat) | Stalking combined with a credible threat that places the person in reasonable fear for their safety | Third-degree felony | Up to 5 years in prison and a $5,000 fine |
| Aggravated Stalking (Injunction) | Stalking in violation of certain injunctions for protection | Third-degree felony | Up to 5 years in prison and a $5,000 fine |
| Aggravated Stalking (Minor) | Stalking a child under the age of 16 | Third-degree felony | Up to 5 years in prison and a $5,000 fine |
| Aggravated Stalking (Prior Conviction) | Stalking the victim of certain sexual offenses after a conviction that prohibited contact | Third-degree felony | Up to 5 years in prison and a $5,000 fine |
A credible threat can be spoken, written, delivered electronically, or implied by a pattern of conduct, as long as it places the target in reasonable fear for their safety. The maximum penalties come from Section 775.082 and Section 775.083. A judge also has discretion over probation, community control, and other conditions, and the sentencing court may order that you have no contact with the person who accused you.
Long-Term Consequences of a Conviction
The penalties on paper are only part of the picture. A stalking record can affect employment, housing, and professional licensing, and a professional license may be put at risk by the charge itself. Court orders can limit where you may go and whom you may contact, and firearm restrictions can follow a protective order. Because a misdemeanor and a felony carry very different long-term consequences, the classification of the charge is often the first thing Attorney Wiseman examines.
Stalking Injunctions and the First Days After an Accusation
Many stalking cases begin with a petition for an injunction rather than an arrest. Under Section 784.0485, a person who says they are the victim of stalking can ask a court for an injunction without hiring an attorney, and the court can enter a temporary injunction on an emergency basis without hearing from you first. A temporary injunction lasts no more than 15 days, and a full hearing must be set no later than the date it expires. That hearing is your chance to respond, and it moves quickly.
Violating a stalking injunction can lead to arrest and a separate criminal charge. For that reason, it is important to follow every term of the order exactly while your attorney challenges it.
What to Do If You Are Accused of Stalking or Harassment
The first days after an accusation matter more than most people expect. These six steps can help protect your defense.
1. Stop All Contact
Do not call, text, message, or visit the person, directly or through friends. Even an apology can be used as evidence.
2. Preserve Your Records
Keep messages, call logs, emails, and screenshots that show the full conversation, including what the other person sent.
3. Do Not Delete Anything
Deleting posts, messages, or accounts can create new problems and may look like an attempt to hide evidence.
4. Stay Quiet Online
Do not discuss the accusation on social media or with mutual friends. Posts can be captured and used against you.
5. Be Careful With Police
Politely decline to answer questions or agree to a search of your phone until you have spoken with an attorney.
6. Call Wiseman Law
Attorney Wiseman is available 24 hours a day to explain your rights, review the evidence, and plan your next steps.
How Attorney Wiseman Defends Stalking and Harassment Cases
Every stalking and harassment case turns on its own facts. Some allegations come from misunderstandings, while others grow out of a breakup, a custody dispute, a workplace conflict, or a disagreement between neighbors. Attorney Wiseman investigates the accusation from every angle, including the communications themselves, the timeline, the witnesses, and the way the accuser’s account has changed over time.
Challenging Intent
The State of Florida must show the conduct was willful and malicious. Messages sent in the heat of a disagreement, or by mistake, may not meet that standard.
Showing a Legitimate Purpose
Contact about co-parenting, a shared workplace, a business matter, or property can serve a legitimate purpose, which cuts against the charge.
Questioning Emotional Distress
The statute requires substantial emotional distress. A defense can examine whether the claimed distress was serious and reasonable under the circumstances.
Testing Digital Evidence
Screenshots can be edited, accounts can be spoofed, and devices can be shared. Wiseman Law examines whether the evidence can truly be tied to you.
Raising Protected Activity
Constitutionally protected speech and activity fall outside a course of conduct, which can matter in cases involving online posts.
Challenging How Evidence Was Gathered
If police searched your phone, accounts, or home without a valid warrant or exception, an illegal search and seizure challenge may keep that evidence out.
Some cases can be resolved before trial through negotiation or by showing prosecutors the weaknesses in their evidence, while others call for full preparation for trial. Outcomes depend on the facts, and no attorney can promise a particular result. What Attorney Wiseman offers is a careful, honest assessment and full preparation at every stage.
Accused of stalking or harassment in Orlando?
Speak with Attorney Wiseman today, any hour of the day, before you answer questions or respond to a petition.
Why Choose Wiseman Law for Your Stalking Defense
Attorney Wiseman spent years as a state prosecutor in Orange County, where he tried more than a hundred jury and non-jury trials on behalf of the State of Florida. That experience taught him how prosecutors evaluate stalking cases, what evidence they depend on, and where those cases are most vulnerable. He has handled criminal defense for more than 21 years since, and you can read more about Attorney Simon Wiseman’s background before you call.
Wiseman Law is available 24 hours a day because stalking and harassment cases often develop quickly, particularly when a temporary injunction or an arrest is involved. The firm defends clients throughout Orlando and the Orange County court system, which sits in the Ninth Judicial Circuit.
Frequently Asked Questions About Stalking and Harassment Charges in Orlando
Talk With Attorney Wiseman About Your Case
A stalking or harassment accusation does not have to define your future. Attorney Wiseman will examine the evidence, explain your options, and work to protect your rights at every stage. Wiseman Law is available 24 hours a day for clients throughout Orlando and Central Florida.
Call 407-420-4647 to schedule a free consultation and discuss your situation in confidence.
Your side of the story deserves to be heard.
