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Injunctions and Stalking in the Orlando, Florida Area

Before a court may impose an injunction against stalking, the court must find that the alleged conduct would inflict substantial emotional distress on a reasonable person. In addition, under section 784.048(1)and(2) Florida Statutes, the trial court must find that no legitimate purpose existed to justify the conduct. The question of whether the evidence is legally sufficient to support these two legal conclusions is reviewed de novo.

It is imperative to recognize that the act of stalking upon which a petition for injunction may be based on abhorrent and criminal conduct, a first degree misdemeanor under section 748.048(2), Florida Statutes. A person who willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person commits the offense of stalking. See Florida Statute 784.048(2).

To “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. See Florida Statute 784.048(1)(a). Course on 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. See Florida Statute 784.048(1)(b). But the term does not include constitutionally protected activity such as picketing or other organized protests. See Florida Statute 784.048(1)(b).

The stalking statutes authorizing protective injunctions are not designed to keep the peace between neighbors who for whatever reason are unable to get along and behave civilly toward each other. The Statute requires that the alleged conduct must cause substantial emotional distress in a reasonable person not a subjective assertion of such distress.

Stalking only requires willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. See Florida Statute 784.048(2). As such, it is not a direct act of violence. The stalking Statute was designed to protect women from being harassed by ex-husbands or former boyfriends, by ensuring that victims did not have to be injured or threatened with death before stopping a stalker’s harassment.

Courts have repeatedly reversed injunctions where a reasonable person would not have suffered emotional distress from the asserted conduct.

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.