Fort Lauderdale Divorce Lawyer Blog
Injunctions for protection against stalking are powerful legal tools intended to shield individuals from harassment and fear. However, the courts must ensure that such relief is granted only when the evidence meets the high legal threshold set forth in Florida law. A recent decision from a Florida court highlights this point, reaffirming that courts must apply an objective, reasonable person standard in evaluating whether conduct qualifies as stalking under the Florida Statutes. If you are involved in a family law matter that includes allegations of stalking, it is crucial to work with a trusted Miami attorney who can help you take the steps necessary to protect your rights.
Factual and Procedural History
It is reported that the parties were previously in a romantic relationship that ended in December 2021. More than a year after the relationship ended, the petitioner sought an injunction for protection against stalking, citing repeated communications and appearances by the respondent. The trial court held an evidentiary hearing in which the petitioner, the respondent, and the respondent’s father testified.
Allegedly, the petitioner testified that the respondent called and texted him numerous times in early 2022, though he did not recall the contents of the messages, aside from the respondent asking to speak before he hung up. It is reported that the respondent also appeared at the petitioner’s workplace on several occasions during the same time frame but did not engage with him directly.
Later that year, it is alleged that the respondent filed a petition for a sexual violence injunction against the petitioner. The trial court denied the petition after a hearing, reportedly because the respondent failed to include a police report number in her filing. On the day of the hearing, the respondent followed the petitioner into the courthouse parking lot and attempted to speak with him, which led to the petitioner requesting a police escort to his vehicle. It is reported that the petitioner recorded the interaction, during which the respondent could be heard crying and asking him where he was going.
It is reported that the respondent filed a second petition for a sexual violence injunction that same day, this time with the police report number included. That petition was also denied several months later, with the court finding insufficient evidence to support the request for protection. In July 2023, the petitioner allegedly received two phone calls from an unknown number. He answered the second call, heard the respondent’s voice, and promptly ended the call. The next day, he filed a petition for a stalking injunction. The trial court granted the injunction, after which the respondent appealed.
Grounds for Granting Stalking Injunctions
On review, the court determined that the evidence was legally insufficient to support the order. Florida law defines stalking under section 784.048 as willful, malicious, and repeated harassment or cyberstalking that causes substantial emotional distress and serves no legitimate purpose. Importantly, courts apply an objective standard, asking whether a reasonable person in the petitioner’s position would have experienced substantial emotional distress, not merely annoyance or discomfort.
The court emphasized that emotional distress must rise to the level of “stress of great proportion, in the nature of fear and concern,” not just ordinary upset or anxiety. The record did not reflect any threats, acts of public humiliation, or adverse consequences of the respondent’s actions. The petitioner’s claim that he feared the respondent might become fixated again was considered speculative and insufficient to meet the legal standard. Courts have routinely held that unease about unwanted communication or contact from a former partner, without more, does not rise to the level required to support a stalking injunction.
The court further clarified that the respondent’s attempts to seek legal protection through sexual violence injunctions and her filing of a police report could not be used against her to support a stalking injunction. Under Florida law, such actions serve a legitimate purpose and are constitutionally protected. Nothing in the record suggested that the respondent’s petitions were frivolous or filed with malicious intent, and the court noted that her right to seek legal redress is guaranteed under Article I, Section 21 of the Florida Constitution.
Ultimately, the court reversed the trial court’s decision and remanded with instructions to dismiss the stalking petition. The ruling serves as a reminder that injunctions must be supported by clear, objective evidence of stalking and cannot be issued merely because one party finds another’s conduct upsetting or unwelcome in the context of a failed relationship.
Speak With a Trusted Miami Family Law Attorney About Your Options
If you are facing allegations of stalking or seeking a domestic violence protective order through the courts, it is critical to talk to an attorney as soon as possible. At The Law Offices of Sandy T. Fox, P.A., our Miami family law attorneys can assess your case and help you to seek the best outcome possible. To schedule a confidential consultation, call our office at 800-596-0579 or contact us online.