Criminal defense
Tampering With, Harassing, or Retaliating Against a Court Official in Miami
Since October 1, 2025, Florida law protects a long list of court officials from tampering, harassment, and retaliation. The list goes well beyond judges and jurors. It includes magistrates, child support hearing officers, clerks and deputy clerks, judicial and administrative assistants, bailiffs, court deputies, and attorneys. In a heated divorce, custody, or civil case, conduct aimed at the other side's lawyer can fall under this law.
Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.
What the State Must Prove
Tampering (s. 918.12(1); Fla. Std. Jury Instr. (Crim.) 21.24, Elements): you knowingly used intimidation or physical force, threatened or tried to threaten, engaged in misleading conduct, or offered a financial benefit; with intent to cause or induce a court official to obstruct the administration of justice or affect the outcome of an official investigation or proceeding; the matter involved a particular type of case; the person was a court official; and you knew it.
Harassing (s. 918.12(2); Instr. 21.25, Elements): you intentionally harassed a person you knew was a court official, and thereby hindered, delayed, prevented, or dissuaded (or tried to) that person from attending an official proceeding, rendering a fair verdict based only on the evidence and the law, or following the judge's rules of juror behavior and deliberation; and the proceeding involved a particular type of case. Harass means a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.
Retaliating (s. 918.125; Instr. 21.26, Elements): you knowingly engaged in conduct that threatened bodily injury, or damaged or threatened to damage property, with intent to retaliate against a person for participating in an official investigation or proceeding; and that person was a court official.
Degrees and Penalties
Tampering depends on the underlying matter:
- Level cannot be determined, or a misdemeanor or noncriminal matter in county court: third-degree felony (up to 5 years).
- Third-degree felony, or noncriminal matter in circuit court: second-degree felony (up to 15 years).
- Second-degree felony: first-degree felony (up to 30 years).
- First-degree felony, including one punishable by up to life: first-degree felony punishable by up to life.
- Life or capital felony: life felony.
Harassing: first-degree misdemeanor for a misdemeanor or noncriminal county-court matter; third-degree felony if the level cannot be determined or for a third-degree felony or any noncriminal circuit-court matter; then second-degree, first-degree, and first-degree punishable by up to life for higher-level prosecutions.
Retaliating: third-degree felony; second-degree felony if bodily injury results.
Attorneys doing their jobs. The tampering and harassment law does not apply to the actions of an attorney acting in the performance of his or her duties.
Common Situations
- Repeated messages, calls, or posts aimed at a judge or a judge's staff after a ruling.
- Contacting a juror during or after a trial.
- Confrontations with the opposing lawyer in a family case.
- Threatening statements made at the courthouse or online.
Defense Themes
- Course of conduct and legitimate purpose. Harassment requires a pattern that serves no legitimate purpose. A complaint, an appeal, or a motion is a legitimate channel.
- Intent. Tampering and retaliation require specific intent. Angry words are not automatically threats with that intent.
- Knowledge of the person's role. The State must prove you knew the person was a court official.
- Free speech. Criticizing judges and other public officials is protected speech. Whether particular words cross into a threat or harassment is a legal question.
- The level of the underlying matter sets the degree.
What to Do First
- Stop all contact with the official, directly or through others, and stop posting about them.
- Keep, do not delete, your messages and posts. See Tampering with Evidence.
- Raise complaints only through proper channels, with a lawyer's help.
- Call us before speaking to any investigator. If there is a warrant, see Turning Yourself In.
Why Choose Dennis Gonzalez Law, P.A.
- Former Miami-Dade prosecutor.
- Defending people since 2012.
- Super Lawyers recognition and an Avvo Rating of 10.0.
- Bilingual office — se habla español.
- We answer 24 hours a day. Call (305) 209-0384.
Frequently Asked Questions
Is the other side's lawyer a "court official"?
Yes. The 2025 law includes attorneys in the definition of court official.
Can I be charged for posting about a judge online?
Criticism is not a crime. A course of conduct that meets the harassment definition, or a threat made with retaliatory intent, can be.
When did this law change?
The current definitions and the separate retaliation crime took effect October 1, 2025.