Obtaining an Injunction Against Stalking in the Orlando, Florida Area
- October 24, 2019
- ontarget
- Family Law
- 0 Comments
What evidence does it take to obtain an Injunction Against Stalking in the Orlando, Florida area? In order to obtain an Injunction Against Stalking in the Orlando, Florida area, you must present testimony and evidence and show that the other person’s repeated, harassing conduct was such as to cause a reasonable person substantial emotion distress.
The appropriate standard by which to evaluate conduct under Florida Statutes Section 748.048 is the objective reasonable person standard. To show harassment has been established, you must show that a reasonable person would suffer emotional distress. You must prove that a reasonable person in the petitioner’s position would have feared for himself/herself. You want to prove that a reasonable person would have felt the need to seek protection from the court.
The court must diligently analyze the evidence and testimony and apply the statutory elements of stalking. The court must determine whether the Respondent’s conduct serves a legitimate purpose and whether a reasonable person would suffer substantial emotional distress. If the court determines that there is no legitimate purpose to Respondent’s behavior and that a reasonable person would suffer substantial emotional distress because of repeated, harassing conduct constituting stalking, the court should issue the injunction.
Florida Statute Section 784.084(1)(a)(2), states: any person who willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person commits the offense of stalking, a misdemeanor of the first degree punishable as provided in Florida Statute Section 775.082 or Florida Statute Section 775.083.
If you have more questions regarding a Marital and 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. You may also visit my website at: https//: www.AnnMarieGildenLaw.com
This article is for informational purposes only; and it does not form an attorney client privilege.