Legal Question in Criminal Law in Florida

Stalking/harrassment

My roomates Ex-boyfriend has been calling her 10-20 times a day, text messaging her just as many and showing up at our house uninvited. He sometimes just leaves a rose on the trunk of her car without us even knowing he was there. He came by the other day and kind of pushed his way in the house to talk to her, luckily she told him to leave and he did. However this past weekend he showed up at her house @ 2:30 in the morning to supposedly drop off another rose for her and he saw another care in our driveway. He picked up one of our bricks that is part of the landscaping and started yelling saying ''I'm going to bash his windows in, Come out here, I'm going to kick his a$$....'' She told him to leave, he didn't , so she called the police, he left before they arrived. While the police were filling out paperwork he called her 10 times....She doesn't want to fill out an RO, however I don't want him coming by my house and threatening people in my house, or damaging my property....Is there something I can do to protect myself, property and roommate without getting her involved? Trespassing? RO, HRO? Harrassment? stalking? I don't know what to do!


Asked on 11/26/07, 3:21 pm

3 Answers from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

Re: Stalking/harrassment

Many times the easiest thing is to hire an attorney who can then send a cease and desist letter.

People usually stop after receiving such a letter. If they don't then an injunction is a reasonable step to take.

Please call me if you are in the Central Florida area and would like to discuss the matter.

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Answered on 11/26/07, 3:24 pm
Brent Rose The Orsini & Rose Law Firm

Re: Stalking/harrassment

The law protects victims, not roommates. If the guy threatens you, you can get an Injunction (restraining order) against him. If he goes on your property, you can issue a trespass warning against him. If he hurts you or your property, you can have him arrested. Otherwise, it's pretty much up to your roommate.

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Answered on 11/26/07, 5:14 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Stalking/harrassment

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Under Florida law, only the person being harassed has a legal right to file for an injunction against domestic violence. Your roommate has the grounds but seems to lack the inclination. Unless you have been the victim and have a relationship with the other party, you do not have the grounds to file for relief.

Scott R. Jay, Esq.

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Answered on 11/29/07, 12:50 am


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