Florida restraining order against stalking requires showing of two incidents

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

When two people cannot get along and one is committing acts perceived by the other to be threatening, is a Florida restraining order an option? It depends on the acts alleged to be committed and whether or not the alleged victim has a reasonable basis to fear that he or she is in danger of being the victim of continued acts of violence by the accused. The case Hegedus v. Willemin, 5D19-958 (Fla. 5th DCA November 8, 2019) explores what is NOT considered stalking under Florida law.

The parties to this case volunteered with a non-profit organization. Their interaction soured when they had an argument, and one of them was terminated by the non-profit organization. Thereafter, the terminated volunteer was accused by the other party of two incidents of stalking. On one occasion, it was alleged the terminated volunteer drove her vehicle to the parking lot where the non-profit organization was holding a public event. There was no testimony or evidence that the terminated volunteer in any way disrupted the event. On another occasion, the terminated volunteer was accused of following the other party in the party’s neighborhood, driving erratically and causing a verbal argument.

Based on these allegations, the trial court entered a restraining order in favor of the alleged victim. An appeal ensued, and finding the allegations to be insufficient to support a stalking injunction, the appellate court reversed, holding “[The alleged victim’s] evidence failed to support the granting of an injunction because [the accused perpetrator’s] act of driving in a parking lot while a public event was taking place, in and of itself, was insufficient to establish one of the two required incidents of stalking.”

A Florida restraining order must be based on specific facts to meet legal requirements. If you are pursuing or defending against one, speak to a Florida domestic violence lawyer to understand your rights and remedies in moving forward. A consultation is the way to get started.