Posted by Nydia Streets of Streets Law in Florida Domestic Violence

What distinguishes unpleasant behavior from stalking? The distinction is important since a Florida domestic violence injunction cannot be entered based merely on unpleasant interactions with someone. To obtain a stalking injunction, a person must show in part that he or she is under emotional distress because of the actions of someone else. This was an issue in the case Hasan v. Rivera, 4D20-1598 (Fla. 4th DCA January 12, 2022).

A woman filed a petition against a man, claiming he stalked her because he (1) showed up at her home and angrily threatened to sue her if she did not help him in his ongoing dispute with another person and (2) he approached her at a store on two occasions and threatened to sue her if she did not back his position in a dispute with a condo association. After a hearing, the trial court entered an order granting the request for injunction and the man appealed.

The appellate court reversed, holding “These incidents, which were the basis for appellee’s petition, do not meet the level of conduct required to support an injunction for stalking. Unpleasant, uncivil, and distasteful communications ‘do not rise to the level required to support a permanent injunction against stalking.’ Reid v. Saunders, 282 So. 3d 151, 151 (Fla. 1st DCA 2019). Likewise, ‘[m]ere irritation, annoyance, embarrassment, exasperation, aggravation, and frustration, without more, does not equate to ‘substantial emotional distress.’’ Cash v. Gagnon, 306 So. 3d 106, 110 (Fla. 4th DCA 2020) (quoting Johnstone v. State, 298 So. 3d 660, 669 (Fla. 4th DCA 2020) (Klingensmith, J., dissenting)). [. . .] Similarly, where the respondent’s actions would not have caused substantial emotional distress in a reasonable person, an injunction cannot be supported by conclusory testimony that the petitioner was scared of the respondent’s ‘erratic behavior.’ Gonzalez v. Funes, 300 So. 3d 679, 684–85 (Fla. 4th DCA 2020). In short, ‘injunctions are not available to stop someone from uttering insults or falsehoods.’ Logue v. Book, 297 So. 3d 605, 614 (Fla. 4th DCA 2020).”

Schedule a consultation with a Miami family law attorney to understand how the law may apply to the facts of your case.