In order for the court to enter an injunction against stalking violence, there must be more than one act. A continuous course of conduct, establishing only one instance of harassment will not suffice.
Section 784.048 Florida Statutes, establishes a cause of action for an injunction for protection against stalking. Each incident of stalking must be proven by competent, substantial evidence to support an injunction against stalking. A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking.
Harass means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
Course of conduct means a patten of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. However, one continuous course of conduct will not suffice. There must be two separate incidences.
Cyberstalk means to engage 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.
Credible threat means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat.
The present incarceration of the person making the threat is not a bar to prosecution under this section.
If you have more questions regarding an Orlando marital or family law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney-client privilege.