Posted by Nydia Streets of Streets Law in Florida Domestic Violence
To obtain an order of protection against stalking in Florida, specific factors must be shown by the petitioner. One of them is that the petitioner suffered severe emotional distress. This issue arose in the case Mills v. Riley, 1D19-1731 (Fla. 1st DCA May 26, 2020).
The parties were neighbors and one filed a petition for an injunction against domestic violence, claiming the other was stalking her. Stalking is defined by the Florida Statutes as willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. Cyberstalking is defined as engaging in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person; or accessing, or attempting to access, the online accounts or Internet-connected home electronic systems of another person without that person’s permission, causing substantial emotional distress to that person and serving no legitimate purpose. After a hearing, the trial court entered the injunction against the neighbor, and the accused appealed.
The appellate court agreed with the accused that there was insufficient evidence that the alleged conduct caused the alleged victim substantial emotional distress. The court held “‘Without evidence of this necessary element, the injunction should not have been entered.’ Shannon v. Smith, 278 So. 3d 173, 176 (Fla. 1st DCA 2019); see also Klemple v. Gagliano, 197 So. 3d 1283, 1286 (Fla. 4th DCA 2016) (finding that there was insufficient evidence to constitute stalking under the ‘harassment’ prong of the statute where the petitioner did not testify as to any emotional distress caused by the respondent’s actions and reasoning that the stalking statute does not allow trial courts to enter injunctions simply to keep the peace between parties who are unable to get along).”
If you find yourself on either side of a Florida domestic violence injunction, contact a Miami domestic violence lawyer to understand your options. A consultation can help you understand how the law may apply to your case.