If you are the victim of stalking in the Orlando, Florida area, you can go to the courthouse in the county where you live and petition for an injunction for protection against stalking. A person who is the victim of stalking or the parent or legal guardian of a minor child who is living at home who seeks an injunction for protection against stalking on behalf of the minor child has standing in circuit court to file a sworn petition for an injunction for protection.
The stalking statute is Florida Statute Section 784.0485.
Stalking is the offense of willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person.
The statute requires that a petitioner allege and prove two separate instances of stalking. The petitioner’s burden of proof is the he/she must show that each of the incidents of stalking is established by competent substantial evidence.
The petitioner must allege in the petition that he or she is the victim of stalking and then describe the events within the petition with specificity.
Stalking is defined in the statute as the willful, malicious, and repeated following, harassing, or cyberstalking of a person. The statute defines the term harass as 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. In determining whether each incident of harassment has caused substantial emotional distress to support a finding of stalking, courts use a reasonable person standard, not a subjective standard.
The definition of course of conduct is a pattern of conduct composed of a series of acts over a period of time; however short, which evidences a continuity of purpose.
Cyberstalking is defined as engaging 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.
An injunction cannot be based on hearsay evidence.
If you have more questions regarding a Marital and Family Law, or stalking in Orlando, Florida 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 it does not form an attorney-client privilege.