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Cyberstalking Injunctions and the First Amendment
In the age of email, electronic communications, and social media, the Florida Legislature now allows an individual to petition for protection against cyberstalking. Florida Statutes § 784.048(1)(d) defines cyberstalking as “engaging in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.” “Whether a communication caused substantial...
Immigration Consequenses of a Criminal Conviction-A Real Life Problem
Attorneys practicing criminal law should be extremely careful when representing foreign citizens in criminal cases, even minor misdemeanors. Even if your client has been a legal permanent resident for decades, a conviction for a specified offense could pose serious immigration problems. Once a conviction becomes final, it is extremely difficult to get it vacated. The following article details the unique procedural hurdles that a family had to endure and illustrates an extreme example of this process. In 2004, after spending their working years in...
Domestic Violence, Repeat Violence, Dating Violence, and Stalking Injunctions in Pinellas County
Florida law provides that any citizen can petition the circuit court for an injunction for protection against domestic violence, dating violence, sexual violence, repeat violence, and stalking. If an injunction is granted, the implications for a respondent can be severe, including, but not limited to: the loss of firearms, the use of the injunction during a custody or timesharing dispute , and an arrest without a warrant if there is a violation of the injunction. This article will discuss some general observations and legal issues that occur during these proceedings....