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What is Needed to Obtain a Stalking Injunction in the Orlando and Lake Mary Areas?

Someone is following or harassing you. You may think they are stalking you. You want to know whether you should go to the courthouse in the county where you live and file an Injunction for Stalking. You wonder if you have the evidence to obtain a Stalking Injunction. What do you need to prove to obtain a Stalking Injunction? 

Under section 784.0485(6)(a) of Florida Statutes, a court may enter an injunction when it appears to the court that the petitioner is the victim of stalking. Under Florida Statute 784.048(2), a person commits staking if she or he willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person. Under section 784.048(1)(a), harassment means to engage in a course of conduct directed at a specific person that causes substantial emotional distress to that person and serves no legitimate purpose.

Critically, in determining if an incident causes substantial emotional distress, courts use a reasonable person standard, not a subjective standard. The court considers whether the conduct would cause substantial emotional distress to a reasonable person in the petitioner’s shoes. Further, courts have explained that a reasonable person does not suffer substantial emotional distress easily.

Courts have held that the reasonable person standard for substantial emotional distress is not met where no threats were made, or no public embarrassment was involved. Do you have any incidents of public shaming, or other conduct that would induce stress of great proportion, in the nature of fear and concern? Are there identifiable adverse consequences from conduct that might cause substantial emotional distress in a reasonable person? The unease or frustration over having to deal with an ex is not unique to a breakup, nor is it something that evokes a substantial level of distress in a reasonable person. Further, the Respondent’s actions must be such that they serve no legitimate purpose.      

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. on 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.