Posted by Nydia Streets of Streets Law in Florida Domestic Violence

In a twisted tale in which a former nanny was accused of stalking a family after she was fired from her job as the family’s nanny, a Florida appellate court considered the nanny’s appeal of a permanent injunction entered against her. In the case Auguste v. Aguado, 3D19-394 (Fla. 3d DCA September 25, 2019), the court examined how and if the allegations of stalking against the nanny were sufficient to support the entry of a permanent injunction.

The evidence showed the nanny was employed by a family for about 10 months. She was hired to pick up the children from school and help them with homework. Because of her job duties, the nanny reportedly had access to private information of the family including their schedules and other personal information. The nanny was fired by the husband/father in the family, and that night she began sending text messages to the husband and his wife. The nanny then contacted a cruise line and impersonated the wife, cancelling the family’s upcoming vacation by using the wife’s personal information without her consent. The nanny continued to send written messages to the husband and wife, quoting bible passages about vengeance and death. These messages only stopped when the family obtained a temporary injunction.

At the hearing to determine whether or not a permanent injunction should be entered, the court heard testimony proving the aforementioned. The nanny admitted to all of the allegations mentioned above. The court found it was reasonable for the family to be in fear based on the nanny’s continued contact with them after her termination. The nanny appealed, arguing the evidence was insufficient to support an injunction against stalking.

The appellate court disagreed with the nanny, holding “Here, [the wife] testified that [the nanny’s] messages disturbed her. She also testified that she feared for her safety and that of her family, as [the nanny] was aware of her family's schedule and whereabouts. [The wife’s] testimony, along with the other evidence admitted at the hearing, lead the trial court to conclude that a reasonable person in [the wife’s] position would have feared for herself and her family. Further, the trial court found that a reasonable person would have felt the need to seek protection from the court. The court diligently analyzed the evidence and testimony and applied it to the statutory elements of stalking. Based on that, the trial court found that [the nanny’s] conduct did not serve a legitimate purpose and would cause a reasonable person substantial emotional distress. Thus, the trial court concluded that [the nanny’s] repeated, harassing conduct constituted stalking.”

This case no doubt involved disturbing allegations. Protecting yourself and your family may require that you obtain an injunction against domestic violence in Florida. Schedule a consultation with a Miami family law attorney to determine the next best steps in your case.