Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a person spreads damaging information about a person to third parties, can this be enough to obtain an injunction against stalking in Florida? Generally, the person relaying the information to third parties can show he or she did so for a legitimate purpose and not simply for the purpose of harassing the alleged victim, this is not considered stalking. This was an issue in the case Ozyesilpinar v. Jalali, 3D19-2427 (Fla. 3d DCA August 18, 2021).
This case involved a condominium owner and the president of the condominium association. An action was filed against the owner by the association seeking to stop her from engaging in short-term rentals of her unit. In retaliation, the president alleged the owner began spreading defamatory information about him to his business associates and to Miami Beach officials via e-mail, telephone and in-person conversations. The owner told these entities that the president was involved in gold smuggling in Colombia. At a hearing on the petition, the trial court found that the parties had a tumultuous relationship. Although it found some of the contact complained of served a legitimate purpose, the court entered a permanent injunction on two incidents it found served no legitimate purpose: (1) an email sent by the owner to the president and others referencing the president being involved in gold smuggling and the short-term rental dispute (which the owner agreed served no legitimate purpose) and (2) a Facebook post made by the owner about the president referencing the gold smuggling. The owner appealed.
Noting that to establish a course of conduct necessary to support a stalking injunction, there must be a finding of at least two incidents of stalking, the appellate court focused on the Facebook post since the other incident on which the injunction was based was undisputedly without a legitimate purpose. The court held “Based on the record before us, we conclude that the Facebook post was legally insufficient to support an incident of stalking. It contains the same allegations of gold smuggling found in the various emails that the trial court correctly determined were for a legitimate purpose [. . .] Moreover, the trial court made no express findings that the Facebook post satisfied the other statutory elements.” Thus, the injunction was reversed.
If you are involved in a case concerning a stalking injunction in Florida, schedule a consultation with a Miami family law attorney to assist you in understanding the best way to proceed in your case.