Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is considered stalking under Florida law? In the realm of a civil domestic violence injunction, stalking is defined as willful malicious and repeated following, harassing or cyberstalking of another person. To qualify for a stalking injunction, the alleged conduct must cause substantial emotional distress and serve no legitimate purpose. A stalking injunction was at issue in the case Garcia v. Soto, 4D21-661 (Fla. 4th DCA April 20, 2022).
This case arose from a dating relationship that soured. The former girlfriend alleged her former boyfriend was stalking her based on an incident in which the former boyfriend approached the former girlfriend and her new boyfriend at a restaurant four times in the same night. She also alleged that when she left the restaurant, she and her boyfriend were attacked and her purse was stolen. She also alleged that the former boyfriend approached her new boyfriend at a store and admitted to setting up the attack at the restaurant. Based in part on this testimony, the trial court entered a stalking injunction against the former boyfriend. He appealed.
The appellate court reversed, holding there was insufficient evidence to support a stalking injunction. It held “In this case, the trial court classified [the former boyfriend] approaching [the former girlfriend] and her boyfriend at the restaurant as four separate acts of stalking. We disagree, as they were part of one ‘continuous course of conduct,’ which would constitute one instance of stalking, not four. Nevertheless, even if they were separate incidents, they do not constitute stalking, because they would not be of a nature to cause a reasonable person substantial emotional distress, even if [the former boyfriend’s] approach was an annoyance. No testimony was received that [the former boyfriend] threatened [the former girlfriend] or caused a scene. Instead, it appears that he was speaking mostly to the boyfriend. No harsh words were even exchanged. These incidents do not constitute a course of conduct of stalking.” The court held that the attack outside of the restaurant could be considered stalking if it were proven that the former boyfriend was involved. However, no other incident alleged could support a stalking injunction, and two incidents are needed.
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