Posted by Nydia Streets of Streets Law in Florida Domestic Violence

In a second attempt to obtain a domestic violence injunction, a party was again instructed via an appellate opinion what constitutes stalking. The case Reid v. Saunders, 1D18-1562 (Fla. 1st DCA September 25, 2019) was before the court for a second time in two years based on an ongoing feud between two women.

The evidence in the trial court established the appellant in this case was the mother of a child born to a married man. The man’s wife was the appellee in this case who sought and obtained a stalking injunction against the appellant. The injunction was entered by the trial court based on “e-mails from 2005 and 2009, and a text message from 2016 sent from '[the appellant] to [the appellee’s] husband concerning child support; as well as a few incidents when [the appellee saw [the appellant] at or near the appellee’s] home and neighborhood. In addition, [the appellee’s] husband testified to incidents involving phone calls from[the appellant], her driving past [the appellee’s] house, and her contacting [the appellee’s] workplace.”

The appellant appealed the permanent injunction, arguing the evidence was insufficient to support a stalking injunction. The appellate court agreed with her and reversed the injunction, holding “The pertinent statutes require that the evidence in support of a stalking injunction be sufficient to produce substantial emotional distress in a reasonable person. See §§ 784.0485(2), Fla. Stat. (defining stalking); 784.048(1)(a) (defining harassment as causing "substantial emotional distress" and "serv[ing] no legitimate purpose"); 784.048(1)(d) (defining cyberstalking as requiring that it cause "substantial emotional distress" and "serving no legitimate purpose"). We have rejected as legally insufficient evidence similar to that presented here. Much of the evidence adduced in support of this new injunction was the foundation of the earlier injunction, and we rejected it as insufficient. It still is. At this point it is also stale, and cannot reasonably form the basis of a claim of present substantial emotional distress. The newer evidence is of the same character, and remains insufficient. Communications about child support, although worded harshly, serve an underlying legitimate purpose and do not support the injunction.”

An injunction cannot be used to coerce parties to act civilly toward each other. If you are considering obtaining an injunction against any form of domestic violence in Florida, consult with a Miami domestic violence lawyer to go over the merits of your case.