Florida Statute 784.487 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE

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F.S. 784.0487

784.0487 Violation of an injunction for protection against stalking or cyberstalking.—

(1) If the injunction for protection against stalking or cyberstalking has been violated and the respondent has not been arrested, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred. The clerk shall assist the petitioner in preparing an affidavit in support of reporting the violation or directing the petitioner to the office operated by the court that has been designated by the chief judge of that circuit as the central intake point for violations of injunctions for protection where the petitioner can receive assistance in the preparation of the affidavit in support of the violation.

(2) The affidavit shall be immediately forwarded by the office assisting the petitioner to the state attorney of that circuit and to such judge as the chief judge determines to be the recipient of affidavits of violations of an injunction. If the affidavit alleges that a crime has been committed, the office assisting the petitioner shall also forward a copy of the petitioner’s affidavit to the appropriate law enforcement agency for investigation. No later than 20 days after receiving the initial report, the local law enforcement agency shall complete its investigation and forward a report to the state attorney. The policy adopted by the state attorney in each circuit under s. 741.2901(2) shall include a policy regarding intake of alleged violations of injunctions for protection against stalking or cyberstalking under this section. The intake shall be supervised by a state attorney who has been designated and assigned to handle stalking or cyberstalking cases. The state attorney shall determine within 30 working days whether his or her office will file criminal charges or prepare a motion for an order to show cause as to why the respondent should not be held in criminal contempt, or prepare both as alternative findings, or file notice that the case remains under investigation or is pending subject to some other action.

(3) If the court has knowledge that the petitioner or another person is in immediate danger if the court does not act before the decision of the state attorney to proceed, the court shall immediately issue an order of appointment of the state attorney to file a motion for an order to show cause as to why the respondent should not be held in contempt. If the court does not issue an order of appointment of the state attorney, it shall immediately notify the state attorney that the court is proceeding to enforce the violation through criminal contempt.

(4)(a) A person who willfully violates an injunction for protection against stalking or cyberstalking issued pursuant to s. 784.0485, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, by:

1. Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family members or individuals closely associated with the petitioner;

2. Committing an act of stalking against the petitioner;

3. Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;

4. Telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly, unless the injunction specifically allows indirect contact through a third party;

5. Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;

6. Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or

7. Refusing to surrender firearms or ammunition if ordered to do so by the court,

commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, except as provided in paragraph (b).

(b) A person who has two or more prior convictions for violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this paragraph, the term “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

(5) A person who suffers an injury or loss as a result of a violation of an injunction for protection against stalking or cyberstalking may be awarded economic damages for that injury or loss by the court issuing the injunction. Damages include costs and attorney fees for enforcement of the injunction.

History.—s. 4, ch. 2012-153; s. 3, ch. 2016-187.

F.S. 784.0487 on Google Scholar

F.S. 784.0487 on CourtListener

Amendments to 784.0487

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 784.0487

Level: Degree
Misdemeanor/Felony: First/Second/Third

S784.0487 4a - CONTEMPT OF COURT - VIOL INJ WIN 500 FT PET RESID SCH OR EMPLOY - M: F

S784.0487 4a - CONTEMPT OF COURT - VIOL INJUNCTION STALKING - M: F

S784.0487 4a - CONTEMPT OF COURT - VIOL INJ UNLAWFUL THREAT WORD OR ACT VIOLENCE - M: F

S784.0487 4a - CONTEMPT OF COURT - VIOL INJ PHONING CONTACT COMMUNICATE WITH PET - M: F

S784.0487 4a - CONTEMPT OF COURT - VIOL INJ COMING WITHIN 100 FT PET MTR VEH - M: F

S784.0487 4a - CONTEMPT OF COURT - VIOL INJ DEFACE DESTROY PET PERS PROP - M: F

S784.0487 4a - CONTEMPT OF COURT - VIOL INJ FAILURE TO SURRENDER FIREARM OR AMMO - M: F

S784.0487 4b - CONTEMPT OF COURT - RENUMBERED. SEE REC # 8006 - M: F

S784.0487 4b - CONTEMPT OF COURT - VIOL INJUN STALK CYBERSTALK 2 OR MORE CONVICT - F: T

S784.0487 4c - CONTEMPT OF COURT - RENUMBERED. SEE REC # 8007 - M: F

S784.0487 4d - CONTEMPT OF COURT - RENUMBERED. SEE REC # 8008 - M: F

S784.0487 4e - CONTEMPT OF COURT - RENUMBERED. SEE REC # 8009 - M: F

S784.0487 4f - CONTEMPT OF COURT - RENUMBERED. SEE REC # 8010 - M: F

S784.0487 4g - CONTEMPT OF COURT - RENUMBERED. SEE REC # 8011 - M: F

Cases Citing Statute 784.0487

Total Results: 8

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-05

131 So. 3d 755, 2013 WL 6305187

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238162

Cited 3 times | Published

PROTECTION AGAINST [STALKING] [CYBERSTALKING] § 784.0487(4), Fla. Stat. To prove the crime of Violation

Wyandt v. Voccio

148 So. 3d 543, 2014 Fla. App. LEXIS 16818, 2014 WL 5151322

District Court of Appeal of Florida | Filed: Oct 15, 2014 | Docket: 1447502

Cited 1 times | Published

charges or criminal contempt. See § 784.0487. The case before us is not moot because collateral

MEHRDAD SHAHGODARY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689387

Published

convict him based on actions that do not violate section 784.0487, Florida Statutes (2019). Finding merit in

CHRISTOPHER LEON JACOBS v. STATE OF FLORIDA

272 So. 3d 838

District Court of Appeal of Florida | Filed: May 17, 2019 | Docket: 15638080

Published

Jacobs was convicted multiple times under section 784.0487(4)(a), Florida Statutes (2016), for acts that

In Re: Standard Jury Instructions in Criminal Cases—report 2016-04

206 So. 3d 14

Supreme Court of Florida | Filed: Dec 8, 2016 | Docket: 4550135

Published

PROTECTION AGAINST [STALKING] [CYBERSTALKING] § 784.0487(4), Fla. Stat. To prove the crime of Violation

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

173 So. 3d 19, 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644899

Published

provisions, which constitutes a criminal act under Section 784.0487, Florida Statutes. 3. THIS INJUNCTION

In Re AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS

142 So. 3d 856, 39 Fla. L. Weekly Supp. 470, 2014 WL 3555973, 2014 Fla. LEXIS 2121

Supreme Court of Florida | Filed: Jul 3, 2014 | Docket: 58982

Published

provisions, which constitutes a criminal act under Section 784.0487, Florida Statutes. 3. THIS INJUNCTION

In re Amendments to the Florida Supreme Court Approved Family Law Forms

113 So. 3d 781, 2013 Fla. LEXIS 1939, 2013 WL 1908394

Supreme Court of Florida | Filed: May 9, 2013 | Docket: 60231610

Published

provisions, which constitutes a criminal act under Section 784.0487, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE