In short: Florida defines cyberstalking as a course of electronic communications, or unauthorized access to someone’s online accounts, aimed at a specific person, causing substantial emotional distress and serving no legitimate purpose (§ 784.048). It is a crime. Victims can also petition for a stalking injunction under § 784.0485, with no filing fee, and parents can file for a child.
Cyberstalking is not "online drama." Florida treats it as stalking, with criminal penalties and a civil injunction available to the victim.
What Counts
Under § 784.048(1)(d), to cyberstalk means either:
- to engage in a course of conduct communicating words, images, or language by email or other electronic communication, directed at or about a specific person; or
- to access, or attempt to access, another person’s online accounts or Internet-connected home systems without permission,
in either case causing substantial emotional distress and serving no legitimate purpose. A "course of conduct" means a pattern of two or more acts over a period of time showing continuity of purpose.
Criminal Penalties
Stalking, including cyberstalking, is a first-degree misdemeanor. It becomes aggravated stalking, a third-degree felony, when it includes a credible threat, violates an injunction, or targets a child under 16 in certain circumstances (§ 784.048(3)–(5)).
The Civil Injunction
You don’t need a criminal case to get protection. Under § 784.0485, a victim of stalking or cyberstalking can petition the circuit court for an injunction. Key points:
- No filing fee.
- A parent or legal guardian can petition on behalf of a minor child.
- If the petition shows an immediate danger, the court can enter a temporary ex parte injunction, followed by a full hearing, typically within 15 days.
- A final injunction can bar all contact, including through third parties and online, and violating it is a crime.
Build the Record
Injunction petitions fail most often for lack of proof of a pattern. Save:
- Screenshots of every message, post, and comment with dates and account names.
- Call logs and the phone numbers or accounts used.
- Login alerts and security notices if your accounts were accessed.
- Notes of each incident: what happened, when, and who saw it.
- Evidence that you told the person to stop, if it is safe to do so.
When It Is Also Defamation
Harassment often comes with false statements. A cyberstalking injunction stops contact; a defamation claim addresses false statements that damaged your reputation. They can be pursued together. The appellate arguments below show how courts handle the line between innocent contact and stalking.
Watch: the videos behind this article
What is Cyberstalking & How to Prevent Bullying in Florida | Fla. Stat. §784.048
Cyberstalking: What It Is & How to Protect Yourself | Online Harassment Explained
Cyberstalking Is NOT Just “Online Drama.” It’s a Crime.
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments over stalking and cyberstalking injunctions, posted on the channel. An argument is not a ruling: read the written opinion before relying on any outcome.
Stalking or Innocent Contact? FL Court Dissects Cyberstalking Law | Zeeff v. Pettit 18-3272
Stalking Injunction After Affair Discovery — Reversed? | Leech v. Kiry — 2D14-1812
CRAZY! Neighbor PARKING FIGHT Leads to STALKING Injunction in Court! | 2D13-2778
Go Deeper
- Cyberstalking Injunction is a POWERFUL Tool to Protect Kids From Online Harassment
- Cyber Abuse & Defamation: What You Can Legally Do About It In Florida
Frequently Asked Questions
What is cyberstalking under Florida law?
A course of electronic communications about a specific person, or unauthorized access to their online accounts, that causes substantial emotional distress and serves no legitimate purpose (§ 784.048).
How do I get a cyberstalking injunction in Florida?
File a petition under § 784.0485 in circuit court. There is no filing fee, and a temporary injunction can be entered before a full hearing if there is immediate danger.
Can a parent file a cyberstalking injunction for a child?
Yes. A parent or legal guardian can petition on behalf of a minor child.
Is cyberstalking a felony in Florida?
Basic stalking is a first-degree misdemeanor. Aggravated stalking, such as with a credible threat or in violation of an injunction, is a third-degree felony.
Get help with cyberstalking and online harassment
Weidner Law, P.A. helps Florida families with cyberstalking injunctions, take-down demands, and related defamation claims. If you are in immediate danger, call 911 first. Otherwise, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida rule and statute is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
