Miami family law attorney blog
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Cyberstalking in Florida
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
As it relates to stalking in Florida, section 784.048(1)(a) of the Florida Statutes defines the term "harass" as "to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose." What is considered substantial emotional distress? This was an issue in the case Potts v. Lewis, 2D22-1678 (Fla. 2d DCA October 25, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a Florida stalking injunction be used to stop discourteous neighbors from taking action which disturbs other neighbors? Unless the action fits the statutory definition of stalking, a domestic violence injunction petition is not the way to address these matters. This was an issue in the case Brennan v. Syfrett, 1D22-1286 (Fla. 1st DCA August 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence Injunctions
How many incidents of stalking must be proven to support a Florida stalking injunction? In the recent case of Klein v. Manville, 6D23-50 (Fla. 6th DCA April 6, 2023), the parties disagreed about the number and types of incidents that needed to be proven.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What happens if I do not appear at a domestic violence hearing in Florida? Depending on the circumstances, if the person who does not appear is the accused, he or she may have a domestic violence injunction entered against him or her. If the person who does not appear is the victim, the petition might be dismissed. There are circumstances, however, in which adverse action against the person who does not appear is improper. This was an issue in the case Spencer v. Kelner, 4D22-2276 (Fla. 4th DCA March 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can my neighbor install a camera that looks into my yard? Many people may feel uncomfortable when a camera placed on a neighbor’s property looks into their property. However, this may not be illegal and can continue so long as there is a legitimate purpose for doing so. This was an issue in the case Coons v. Henderson, 1D21-3675 (Fla. 1st DCA February 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a court award sole custody of children in a Florida stalking injunction case? There is a difference in relief that is available regarding child custody in domestic violence cases and stalking cases. This is explored in the case Rosaly v. Konecny, 4D21-3236 (Fla. 4th DCA August 31, 2022).
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).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What qualifies as cyberstalking in Florida? According to the Florida Statutes, it is “To engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person . . . causing substantial emotional distress to that person and serving no legitimate purpose.” Fla. Stat. Chp. 784.048(1)(d). This was an issue in the case Strober v. Harris, 2D21-267 (Fla. 2d DCA January 5, 2022).
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).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a romantic relationship ends, the break-up may lead to unwanted communication or contact from a former partner. When this communication or contact crosses the line from harmless to distressing, a party might seek a domestic violence injunction, particularly related to stalking. This was an issue in the case Ditana v. Edwards, 4D20-1619 (Fla. 4th DCA June 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a temporary domestic violence injunction is entered in Florida, the order usually contains a provision obligating the party against whom the injunction is sought to surrender all firearms. Since a temporary injunction is entered without a hearing and without an opportunity for the accused to defend him or herself against the allegations, there is an argument that the seizure of a person’s property is unfair. This was an issue in the case Dean v. Bevis, 2D20-2348 (Fla. 2d DCA June 4, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a romantic relationship ends, one party may have trouble accepting it is over, while the other party may wish to move on quickly. Usually, the party who cannot accept the end of the relationship repeatedly contacts the other party, sends gifts, etc. When does this behavior rise to the level of stalking under Florida domestic violence laws? This was an issue in the case Decker v. Munson, 2D20-1303 (Fla. 2d DCA May 28, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a stalking injunction be entered against someone in Florida for posting negative things about someone else online? Social media such as Facebook, Instagram, Twitter, and the like provide a platform for people to express themselves. How a court deciding a stalking injunction views postings on these sites depends on to whom the posts were directed. This was an issue in the case Wright v. Norris, 2D19-4643 (Fla. 2d DCA April 21, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
“A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking . . . .” under § 784.048(2), Fla. Stat. ‘Harass means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose”, according to § 784.048(1)(a), Fla. Stat. A stalking injunction was the subject of the case Kendrick v. Glover, 1D20-104 (Fla. 1st DCA April 9, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can text messages be entered into evidence in a Florida family law case? The answer depends on whether or not the messages can be authenticated. The party asking to have the text messages considered has the burden of proving who sent the message and that it is a true and correct copy of the message sent. This issue came up in the case Walker v. Harley-Anderson, 4D19-2216 (Fla. 4th DCA September 9, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
If someone posts insults and character attacks regarding another person on his or her social media account, does this qualify as cyberstalking for purposes of obtaining a domestic violence injunction? The Florida Statutes define cyberstalking as “engag[ing] in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person causing substantial emotional distress to that person and serving no legitimate purpose." This was at issue in the case Krapacs v. Bacchus, 4D19-641 (Fla. 4th DCA August 12, 2020).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a tale of former friends who became litigious enemies, Craft v. Fuller, 2D19-2891 (Fla. 2d DCA May 27, 2020) goes through the factors a court must analyze in determining whether or not cyberstalking has occurred.
