Posted by Nydia Streets of Streets Law in Florida Domestic Violence

Obtaining a stalking injunction in Florida requires that the victim prove, among other factors, a consistent course of conduct aimed at the victim for no legitimate reason that causes substantial emotional distress. While certain interactions can be unpleasant, they may not be enough to sustain a stalking injunction. This was an issue in the case Paylan v. Staton, 2D21-3904 (Fla. 2d DCA December 27, 2023).

The parties to this case dated casually for about seven years. When they broke up, the boyfriend is alleged to have sent uncivil emails to the girlfriend. A year later, surveillance cameras captured the boyfriend stealing property from the girlfriend’s yard. Based on this incident she filed a petition for injunction against stalking and mentioned the emails sent years prior. After a hearing on the petition, the court denied the injunction, and the girlfriend appealed.

Noting that two separate incidents must be proven by competent substantial evidence to support a stalking injunction, the appellate court examined the incidents alleged and the distress the girlfriend alleged she experienced. First, the appellate court found there was no showing of a course of conduct by the boyfriend because the incidents alleged were remote and isolated. The evidence showed the boyfriend last sent emails in 2020 and that the theft from the yard occurred a year later. Second the appellate court found “[The girlfriend] failed to establish two separate, but more recent, stalking incidents. Because the emails were too remote for the trial court's consideration, the turtle ornament theft is insufficient, as a matter of law, to constitute stalking.” Last, the court determined “Although we agree that [the boyfriend’s] aged emails were offensive and his trespass and the theft of the turtle ornament is troubling, we cannot say that [the boyfriend’s] behavior could cause ‘substantial emotional distress’ to a reasonable person in [the girlfriend’s] position.”

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