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Stalking and Injunctions in Florida and the Orlando, Florida Area

Florida courts may enjoin stalking under section 784.0485, Florida Statutes. Such relief is appropriate when a person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person. A person is guilty of stalking when/she maliciously, willfully, and repeatedly harasses another person. Harassment is a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. 

Stalking requires the proof of a series of acts, willfully and maliciously, directed at a specific person and evidencing continuity of purpose, which acts serve no legitimate purpose and causes substantial emotional distress. 

In order to be entitled to a stalking injunction two separate instances of stalking must be proven by competent substantial evidence. Each incident of stalking must be proven by competent, substantial evidence to support an injunction against stalking. 

“Course of conduct” means pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. A course on conduct requires multiple acts that are separated by time or distance. By statutory definition, stalking requires proof of repeated acts. The conduct must be sufficient to cause substantial emotional distress in a reasonable person. 

In determining if an incident causes substantial emotional distress, courts use a reasonable person standard, not subjective standard. The reasonable person standard is applied to a person in the position of the party. The standard is case specific. The substantial emotional distress that is necessary to support a stalking injunction is greater than just an ordinary feeling of distress or simple embarrassment.  

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.