Posted by Nydia Streets of Streets Law in Florida Domestic Violence

What is needed to obtain a stalking injunction in Florida? According to the Florida Statutes, section 784.048, “[a] person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking[.]” The word “repeatedly” indicates at least two incidents are required. This was an issue in the case Baruti v. Vingle, 5D21-2785 (Fla. 5th DCA July 15, 2022).

The alleged stalker, the wife, was involved in a divorce proceeding. She believed the alleged victim, the paramour, was in a romantic relationship with her husband. The paramour petitioned for an injunction, alleging two separate incidents of stalking committed by the wife. On one occasion, the paramour alleged the wife came to her job and interrupted her while she was serving customers and stared at her, making her uncomfortable. The second incident alleged was one in which the wife was accused of intentionally causing a vehicle crash with the paramour and in which the paramour believed the wife was trying to kill her. A default was entered against the wife on the petition, and an injunction was entered on these allegations. The wife appealed.

The appellate court reversed, holding “Here, the road rage incident meets that high threshold, as a reasonable person would suffer substantial emotional distress from vehicular pursuit by a known adversary resulting in an intentional collision. But the same cannot be said of the encounter at [the paramour’s] workplace, because simply feeling ‘uncomfortable’ does not constitute substantial emotional distress. [. . .] In other words, a ‘mean stare’ does not suffice.”

Schedule a meeting with a Miami domestic violence attorney to discuss your case and how the law may apply to your situation.