What do you do when someone you trusted becomes a threat? It’s a terrifying reality for many in Fort Myers. At Bergermann Law Firm, we’ve helped countless individuals reclaim their safety and peace of mind. Florida law is on your side—you just need to know how to use it.
Domestic or Dating Violence: Which Applies?
Is your situation classified as domestic or dating violence? The distinction matters. Domestic violence typically involves family members or cohabitants, while dating violence covers romantic relationships without cohabitation. Florida Statute 784.046 spells it out: the relationship must be significant, continuous, and must have existed within the past six months. This classification determines the legal protections available. When you understand where your case fits, you’re one step closer to the help you need.
Stalking: A Silent Threat
Stalking isn’t just an annoyance. It’s a calculated, repeated intrusion meant to cause fear. Florida law defines it as persistent, unwanted contact—think endless messages, surprise visits, or constant calls. Have you documented these incidents? Dates, times, and descriptions matter because courts need proof of a pattern. Without action taken on your part, stalking can escalate. Taking the first step to report it could prevent the next stalking incident.
Injunctions: Your Legal Protection
How do you stop the harassment? An injunction is your strongest defense. It’s a legal barrier that orders your abuser to stay away. Temporary injunctions can be issued immediately. Final injunctions offer longer-term protection. To succeed, you’ll need evidence such as screenshots, witness accounts, police reports, and personal testimony. Judges require clear proof of harm or credible fear. At Bergermann Law Firm, we ensure your case is rock-solid.
Lessons From the Courts
Precedent matters in Florida. For example, Giallanza v. Giallanza clarified that credible threats—not just physical harm—warrant legal action. In Alderman v. Thomas, the court stressed the need for proof of a recent, significant romantic relationship in dating violence claims. These cases show how preparation and evidence win protections.
Building a Strong Case
Strong cases start with preparation. Save every threatening message, voicemail, or email, and record details about each incident, gathering witness statements, and saving police reports. Judges don’t make decisions based on emotions; they rely on facts. At Bergermann Law Firm, we help you compile and present a compelling case—one that makes it impossible for the court to ignore your need for protection.
Clearing Common Misconceptions
Think physical harm is the only grounds for action? It’s not. Emotional harm and credible fear are valid reasons to seek protection. Assume stalking only involves in-person harassment? Wrong. Digital harassment counts, too. Do you believe dating violence laws don’t apply because you’ve never lived together? That’s exactly what they’re for. Misunderstanding the law leaves you vulnerable—knowledge is your power.
Take Back Control
You don’t have to live in fear. Florida’s laws were created to protect you, and Bergermann Law Firm is here to help. From filing your petition to presenting your case in court, we’re with you every step of the way. Together, we’ll fight for your safety, your rights, and your future.
Your Safety, Your Future
Fear shouldn’t control your life. If dating violence or stalking has disrupted your peace, take action today. Document the abuse. Understand your rights. Get professional help. Call Bergermann Law Firm at (239) 334-0075. Your safety is worth the fight, and we’re here to stand with you.
