Posted by Nydia Streets of Streets Law in Florida Domestic Violence

A relationship filled with constant breaking up and getting back together may form the basis for a Florida stalking injunction. When one party is ready to make a break up permanent, the other party may not understand the repercussions of continuing with unwanted attempts to contact the party who has moved on. This was the case in the matter of Chiu v. Adams, 5D20-2502 (Fla. 5th DCA September 3, 2021).

The parties were involved in an on-again, off-again relationship in which they would break up periodically, and then the boyfriend would communicate with the girlfriend until she agreed to get back together. The girlfriend announced that she was permanently ready to separate in February 2020, whereupon the boyfriend began contacting her continuously, sometimes communicating civilly and other times not. The boyfriend then travelled to Florida from out of state to meet the girlfriend at a restaurant. When the girlfriend did not show up and would not answer the boyfriend’s calls or text messages, the boyfriend went to her home. When no one would let him in, he left gifts for the girlfriend at the front door and left. The girlfriend then sought a stalking injunction which was denied. She appealed.

While the appellate court noted the incident in which the boyfriend visited the home constituted an act of stalking, it held that there were no other incidents alleged that would support an injunction. Issuance of a stalking injunction in Florida requires a showing of at least two instances of stalking. Also, although the girlfriend testified she sought counseling due to the boyfriend’s behavior, the appellate court stated it was required to use a reasonable person test and not a subjective test. The court noted, citing another case, that given the parties’ history of back and forth, it was reasonable for the girlfriend to expect communication from the boyfriend, even if all of it was not kind. Thus, the denial of the injunction was upheld on appeal.

A stalking injunction requires serious and specific attention. Schedule a consultation with a Miami domestic violence lawyer to understand how the law may apply to the facts of your case.