Why This Case Matters: Stalking injunctions are often misunderstood. Many people assume they’re simple civil matters—but when the respondent hires an attorney and aggressively contests the case, these proceedings can quickly become complex, emotionally draining, and uncertain.
This case shows how deep knowledge of Florida’s criminal statutes—and how charges are actually filed—can be the difference between a drawn-out trial and immediate, lasting protection.
Our client came to us seeking protection from an ex-boyfriend whose behavior had become increasingly alarming. After the relationship ended, she began experiencing repeated unwanted contact, including:
- Persistent text messages and emails
- The respondent appearing at locations where she was present, despite having no legitimate reason to know her whereabouts
- Concerns that a tracking device may have been placed on her vehicle without her consent
While some of this conduct occurred behind the scenes, the pattern was deeply troubling. Our client didn’t want revenge or escalation—she wanted peace, safety, and for the behavior to stop.
The respondent hired legal counsel and contested the injunction.
The Challenge
Stalking injunction cases are civil proceedings, governed by civil rules of evidence and procedure. That means the burden of proof is lower than in criminal court. However, evidence can still be difficult to present clearly, especially when some conduct is circumstantial.
Our client wanted the case resolved quickly and decisively. She did not want to endure a lengthy court battle.
Our Strategic Approach
Drawing on more than two decades of experience—including time as a former Broward County prosecutor—Fort Lauderdale attorney Dave Simmons recognized that much of the conduct alleged in this civil case could also support criminal charges.
In particular, Florida law had recently changed. What was once a misdemeanor offense involving the placement of a tracking device had been elevated to a felony. That distinction mattered.
Our strategy included:
- Conducting a deposition and carefully reviewing all available facts
- Preparing a police report that more fully documented the respondent’s conduct
- Advising opposing counsel that, if the injunction was not agreed to, we were prepared to pursue a walk-in complaint with the State Attorney’s Office
A walk-in complaint allows a victim and counsel to present evidence directly to prosecutors, even when law enforcement has not initially filed criminal charges.
Faced with the real possibility of felony prosecution, opposing counsel reevaluated the risks.
The Result: A Permanent Stalking Injunction
Rather than proceed to trial or risk criminal exposure, the respondent agreed to the injunction.
Our client obtained:
- A permanent injunction for protection against stalking
- Immediate and enforceable legal protection
- Resolution without trial
- Closure and peace of mind
Most importantly, she was able to move forward without further court appearances or ongoing contact.
When Civil and Criminal Law Overlap, Strategy Matters
Many stalking and protection order cases sit at the intersection of civil and criminal law. While the courtroom may be civil, the underlying behavior often carries criminal consequences.
Having an attorney who understands both systems—and how to leverage one to strengthen the other—can change everything. At the Law Offices of Dave L. Simmons, P.A., we represent both petitioners and respondents in stalking injunction cases throughout Fort Lauderdale and Broward County, including Lauderhill, Plantation, Coral Springs, and Pembroke Pines. Contact our office today at 954-765-3540 for a confidential consultation.
