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Are You Being Stalked in Orlando, Florida?

What is stalking? Florida Statutes 784.048(2) states that Stalking occurs when a person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks 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. The enactors’ choice of the term substantial emotional distress establishes a more demanding burden than the dictionary definition of the word harass might suggest, which included the verb worry, tire out, vex, trouble, or annoy continually or chronically, plague, bedevil, or badger. 

A course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, which a continuity of purpose. 

Credible threat means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. 

 Cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. The term substantial emotional distress is evaluated under a reasonable person standard rather than a subjective standard. 

You can obtain an injunction against stalking. The stalking statute only requires that the petitioner prove a single incident of stalking. The statutory provision for an injunction for protection against stalking does not require that one of the incidents occurs within 6 months of the filing of the petition. 

You must demonstrate that you suffered substantial emotional distress. The evidence must show that a reasonable person would suffer substantial distress. 

The term substantial emotional distress is evaluated under a reasonable person standard rather than a subjective standard. 

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 it does not form an attorney-client privilege.