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What is Substantial Emotional Distress in a Stalking Injunction Case in the Orlando, Florida Area?

Section 784.0485 Florida Statutes (2018) permits an injunction to be entered where elements of stalking have been established. Section 784.0485 is analyzed by looking at section 784.946, which deals with injunctions against repeat violence. Repeat violence, in turn, requires two incidences of violence or stalking. 784.046(1)(b). To support an injunction against stalking, the petitioner must prove each incident of stalking by competent, substantial evidence. 

Definition of Stalking

Section 784.048(2) defines stalking as a situation where a person willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person. Harassing means to engage in a course of conduct directed at a specific person that causes substantial emotional distress to that person and serves no legitimate purpose. 784.048(1)(a). 

Reasonable Person Standard

In determining whether there is competent substantial evidence or substantial emotional distress, the court analyzes the issue using the standard of a reasonable person in the victim’s shoes, rather than a subjective standard that focuses only on the victim’s own feelings. 

The court has determined that the reasonable person standard for substantial emotional distress is not met where the party against whom the injunction is sought has contacted or attempted to contact the victim without permission but where no threats were made, or no public embarrassment was involved. 

A court has also ruled that evidence was insufficient to establish that a reasonable person would suffer substantial emotional distress where wife contacted husband’s lover by phone and by messages and friend requests on Facebook to tell her to stay away from her husband because a reasonable woman who had an eighteen-month affair with another woman’s husband might well expect to hear the scorn of an angry wife. 

Proof of Hostility or Threat

In one decision, the court ruled that nothing in the record demonstrated a basis for finding that a reasonable person would suffer substantial emotional distress where, after a nine month relationship ended and after petitioner told respondent that she was not willing to reconcile, respondent left voicemail messages and sent petitioner emails, none of which were hostile or threatening; where respondent saw petitioner in public but did not try to make contact with her; where respondent left petitioner’s personal items on her doorstep along with two notes, a card, and a rose; and where respondent eventually asked petitioner to repay him for monies she allegedly owed him. 

In another case, the court concluded that there was no evidence that a reasonable person would suffer substantial emotional distress where the respondent sent a letter and then, subsequently, flowers and balloons to petitioner but never threatened her. The opinion stated that it was difficult to see how a reasonable person would suffer substantial emotional distress where respondent banged on petitioner’s door and left a letter and check in her mailbox, despite the petitioner texting respondent to leave her alone. 

Proving Malice

Further, to obtain an injunction the petitioner must establish that the respondent’s actions were malicious in nature as required by section 784.048(2). The actions of the respondent must be wrongful or without legal justification. That is what is necessary to establish an  entitlement to an injunction against stalking by competent substantial evidence. 

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. 

This article is for informational purposes only and does not form an attorney client privilege.