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What Proof is Needed to Obtain an Injunction for Protection Against Stalking and for Protection Against Domestic Violence?

An injunction against stalking requires proof of stalking. You have to prove that you are the victim of stalking. See Florida Statute 784.0585(1)(a). For an Injunction Against Domestic Violence, you must show that you are the victim of, or had reasonable cause to believe that you were in imminent danger of becoming the Victim of Domestic Violence. See Florida Statute 741.40(1)(a). Stalking is a form of domestic violence. Florida Statute 741.28(2).

Stalking occurs when a person willfully, maliciously, and repeatedly follows, harasses. or cyberstalks another. See Florida Statute 784.058(3). The petitioner bears the burden to show evidence of repeated acts of following, harassment, or cyberstalking. The Petitioner must also present competent substantial evidence that a reasonable person would have suffered emotional distress from the repeated actions of the Respondent.

Substantial emotional distress is evaluated by an objective standard, based on the totality of all circumstances, and is not easily suffered. Substantial emotional distress is more than just an ordinary feeling of distress. It is not enough to be weirded out or uncomfortable. The court cannot order and enter an injunction against neighbors who cannot get along and behave civilly toward each other. 

When applying the stalking statute, courts must be careful to avoid infringing on another person’s constitutionally protected freedom of association or free speech or applying the statute in an overboard manner to reach non-malicious conduct. Stalking injunctions come with serious consequences including prohibiting the enjoined person from exercising their constitutional right to bear firearms. 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.

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.