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Stalking in the Orlando, Florida Area

The Florida Statute on Stalking is Florida Statute 784.0485. Stalking is when someone willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person. 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.  

Courts apply an objective standard to determine if an incident causes substantial emotional distress, not a subjective standard. The statute requires that the alleged conduct must cause substantial emotional distress in a reasonable person. Substantial emotional distress is greater than ordinary distress. A reasonable person does not suffer substantial emotional distress easily. Annoyance, frustration, or embarrassment will not suffice. Embarrassing, immature, or uncivil behavior will not support a stalking injunction. 

Would the behavior and actions cause a reasonable person substantial emotional distress? If you want to learn more about Stalking, you can look up Florida Statute 784.0485-Stalking; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement. Then, you can read the Florida Statute on Stalking; and learn more about stalking. 

If you need an injunction, you can contact Harbor House in Orange County, Florida, or Safe House in Seminole County, Florida. Those organizations will assist victims with the injunction process. Further, you may hire a private attorney to file; and if a temporary injunction is granted, to represent you at a permanent injunction hearing.     

If someone has filed an injunction against you, and you were served with a temporary injunction, you may hire a private attorney to represent you at the injunction hearing. If you intend to hire an attorney, it is wiser to hire them immediately. That way they have more time to adequately prepare your case for the injunction hearing. You do not want to wait until the last minute. If you do that, it is less likely your attorney can adequately and properly prepare your case for the injunction hearing.

Both the Petitioner and the Respondent may call witnesses at an injunction hearing. Both the Petitioner and Respondent may testify at the injunction hearing,  

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 does not form an attorney client privilege.