Posted by Nydia Streets of Streets Law in Florida Domestic Violence

What do you need to get a restraining order against someone for stalking in Florida? For one, it is necessary to show a repeated pattern of following, harassing or cyber stalking another person. In Kriebel v. Piedrahita, 219 So.3d 867 (Fla. 4th DCA 2017) we see how a love triangle led to a restraining order being entered against the wife by the mistress. 

Ms. Piedrahita allegedly had an extramarital affair with Ms. Kriebel's husband and naturally, there was animosity between the two women. After a hearing, the trial court made a finding "that the parties were unable to control themselves around each other and in order to maintain civility it was necessary to enter Final Injunctions for Protection Against Repeat Violence."

Florida law is clear that in order to maintain an action for injunction against repeat violence, a petitioner must show two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of filing the petition. The record in the trial court indicated only one incident of violence by battery and one incident of following. Since only one incident of following was shown, this did not rise to the level of repeated following, harassing or cyber stalking. Therefore, the injunction was reversed. 

Having a lawyer present during a domestic violence trial, whether you are the victim or the accused, is important in protecting your rights. An injunction can affect your ability to maintain certain employment as the accused. As the victim, you want peace-of-mind that you will be safe from threats and violence from the accused. Consult with a Miami domestic violence lawyer to protect your rights.