How can I get a restraining order for stalking?

UPDATED: Dec 28, 2011

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How can I get a restraining order for stalking?

I have been getting a lot of phone calls, text messages, and facebook posts from an ex. None of them have been threatening, although many have been insulting. This lasted for about a week after the break up. Then 3 days of not hearing anything, I got a message which basically said that he was sorry for insulting me. I want it to stop. Can I get a restraining order?

Asked on December 28, 2011 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for everything.  The threshold for a restraining order against some one is different in each state.  By that I mean it matters what the actions of the person that is doing the things is and how the statute reads.  You see the word "stalking" here but is he really doing so under the statute in Florida?  is he monitoring your activities and following you?  That may be akin to harassing but to get a restraining order you may need to be in fear of him and he may need to have threatened you in some way.  He is harassing you it seems but now you state it has stopped.  I would go and speak with some one in your area on the matter.  Good luck.

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