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What Constitutes Substantial Emotional Distress in a Stalking Injunction Case in Orlando, Florida?

Determining what constitutes substantial emotional distress in a stalking injunction case in Orlando, Florida is an important first step in making your case. 

The Florida Statute on Stalking

Florida Statute 784.048 is the statute on stalking. The statute states the following:

(1) As used in this section, the term:

(a) “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.

(b) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.

(c) “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.

Substantial Emotional Distress

In one case, Respondent’s repeated threats of litigation did not rise to the level of causing substantial emotional distress in a reasonable person. An injunction cannot be supported by conclusory testimony that petitioner was scared of respondent’s erratic behavior. 

What level of conduct is required to support an injunction for stalking? Unpleasant, uncivil, and distasteful communications do not rise to the level required to support an injunction for stalking. Mere irritation, annoyance, embarrassment, exasperation, aggravation, and frustration, without more, does not equate to substantial emotional distress. 

While profanity and accusations of lying might be offensive or even defamatory, that speech does not fall within a course of conduct that allows for injunctive relief. Where Respondent’s actions would not have caused substantial emotional distress in a reasonable person, an injunction cannot be supported by conclusory testimony that the petitioner was scared of the respondent’s erratic behavior. Injunctions are not available to stop someone from uttering insults or falsehoods. 

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.