Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a relationship ends and one party is not ready to move on, there may be lingering communication from that party to the other in an attempt to reconcile. However, when the other party makes it clear the communication is unwanted, continued attempts to communicate may support a petition for injunction against dating violence in Florida. This was the case in Khan v. Deutschman, 1D18-822 (Fla. 1st DCA October 11, 2019).
The parties were in an on and off relationship that spanned 8 to 11 months. When they broke up for the last time, the girlfriend alleged the boyfriend confronted her in public after he saw her in the arms of another man. Thereafter, the girlfriend told the boyfriend things were over between them, and she ceased communication with him, going so far as to block him on her phone. Despite this, the boyfriend continued to send emails and gifts in an attempt to reconcile. Wanting this to stop, the girlfriend had an attorney send the boyfriend a cease and desist letter warning him not to contact her any further. When this did not work, the girlfriend filed a petition for protection against dating violence which was granted by the court for one year.
The boyfriend appealed, arguing there was insufficient evidence to support an injunction. Noting that Florida law allows for the entry of an injunction against dating violence for stalking, and that stalking is defined as a repeated pattern of harassment that serves no legitimate purpose and causes substantial emotional distress, the appellate court upheld the injunction. It held “In this case, the trial judge found that the elements necessary to meet the statutory definition of stalking had been met. First, while this was clearly an on again, off again romance, on November 16, Appellee unequivocally informed Appellant via text message that she wanted no further contact with him and asked him to delete her numbers and email. She further stated that "this is permanent and no contact." Thereafter, in spite of Appellee's insistence that she made no further attempts at contact with Appellant, Appellant continued to contact Appellee. Appellant emailed Appellee once on November 22 and 29, three times on December 8, once on December 15 and 17, and one last time on January 17. Of particular importance to the trial judge, Appellee sent a formal cease and desist letter from her attorney one week before the final email. And finally, following the last email Appellant had flowers and a card delivered to Appellee on the same day that Appellee had a Sheriff's Deputy call Appellant and tell Appellant to stop communicating with Appellee. Immediately thereafter, Appellee filed the Petition for Protection Against Dating Violence. As a result of these unwanted, continued contacts by Appellant, Appellee began suffering from anxiety and panic attacks and ultimately sought the assistance of a therapist to counter Appellant's unwanted behavior.”
Dating violence is a serious issue which requires serious response. Schedule a consultation with a Miami domestic violence attorney to discuss obtaining a restraining order in Florida.