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Stalking Injunctions in Lake Mary, Florida and Orlando, Florida Area

Section 784.0485(1), Florida Statutes creates a civil cause of action for injunctive relief from stalking. Paragraph (6)(a) further provides that upon notice and hearing, when it appears to the court that the petitioner is the victim of stalking, the court may grant such relief as the court deems proper. Stalking occurs when a person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person. Florida Statutes 784.058(2).

How to Establish a Showing of Stalking

To establish a showing of stalking under the statutes, a petitioner must show evidence of repeated acts of following, harassment, or cyberstalking. Moreover, competent substantial evidence must be present in the record to support a finding that a reasonable person suffered from emotional distress due to the stalking. The petitioner must prove stalking by competent substantial evidence. Courts have repeatedly reversed injunctions where a reasonable person would not have suffered emotional distress from the asserted conduct.

Defining the Terms

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. Florida Statutes 784.048(1).

Unlike harassment, following is not defined in the statute. To follow someone is to move behind and in the same direction as them or to go after them or to pursue them as if with the intention of overtaking  them. Mere speculation that someone is following you is not sufficient to warrant an injunction against the person.

What a Stalking Injunction Entails

A stalking injunction deprives a citizen of important rights, including the constitutional right to possess a firearm. Injunctions carry serious restrictions of freedom that can also result in criminal liability when violated, with punishment up to one year in the county jail. Courts must be careful not to apply the stalking statute to infringe on another person’s constitutionally protected freedom of association or free speech or apply in an overboard manner to reach non-malicious conduct.

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.