Stalking Injunctions in Florida
When is a stalking injunction necessary in Florida?
According to Florida Statute 784.048(2), stalking occurs when a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person. You may wonder what the definition of “harass” is according to the Florida Statutes. To 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.” §784.048(1)(a), Fla. Stat. Is someone stalking you in Florida? Are you involved in Florida litigation where the person you are suing has started harassing you? Do you need a West Palm Beach lawyer to petition for injunction for protection against stalking?
What Does a Stalking Injunction have to do with Florida Inheritances?
West Palm Beach probate attorneys, like those at Pankauski Hauser, know that disputes over inheritances can become messy. What do we mean by “messy”? Frequently, probate lawyers who handle litigation witness family members “fight” in the courts over money and property. As John Pankauski states in his book Probate Litigation: Top 10 Probate Mistakes Revealed, “your family is going to fight over your wealth: when you’re gone and- perhaps- while you’re still alive.” Many heated Florida trust and estates battles involve sibling rivalries. For example, one sibling may sue another sibling for unduly influencing their mom, while mom had dementia or Alzheimer’s, to change her Florida will or trust. Another example would be a sister suing her brother, the brother was dad’s power of attorney (POA), for wrongly using the POA to change dad’s beneficiary on his bank account, or withdraw unaccounted for funds from dad’s bank account.
Florida Inheritance Lawsuits and Stalking Injunctions
Why might it be important for a probate attorney to become familiar with injunctions against stalking? What does an injunction against stalking have to do with a trust and estates lawsuit? Occasionally, inheritance lawyers encounter probate cases that involve an injunction against stalking.
For example, Carter v. Malken was a January 4, 2017 Fourth DCA opinion regarding an injunction against stalking and an inheritance dispute. Here, ” a dispute over a will and the disposition of property lies at the heart of this litigation.” Violent family encounters occurred because, allegedly, the petitioner’s sister and the respondent broke into a house, that was previously owned by petitioner’s mother, and took valuables without permission. The petitioner claimed that his mother had quit-claimed the house to him in 2002. In reality, records show that the house was quit claimed to him in 2015. Regardless, the respondent testified that he thought the mother still owned the house. To read about how an inheritance dispute can lead to an injunction against stalking, you should consider reading this Florida appellate opinion in its entirety.
Obtaining a Stalking Injunction in Florida
A May 2, 2019 First DCA opinion, Stone v. McMillian, explains what is required to get an injunction against stalking in Florida. Here, the Florida appellate court discusses the framework for entering an injunction for protection against stalking pursuant to the relevant section of the Florida Statutes, which is section 784.0485.
Although this is not a West Palm Beach probate case, this opinion could prove useful to anyone needing to file a stalking injunction in Florida. In this Florida case, McMillian attempts multiple times to get an injunction for protection against stalking entered against her neighbor, Billy Stone.
Although McMillian was able to obtain an injunction on her second attempt by the trial court, the appellate court here reversed that decision. The appellate court stated that they ” do not find legally sufficient evidence that Stone maliciously engaged in a course of conduct directed at McMillian that would cause a reasonable person substantial emotional distress.”
If you are involved in a Florida probate matter or civil matter where stalking is at issue, consider reading this stalking appeal in its entirety. If you wish to interview an experienced trial lawyer to assist you with petitioning for an injunction in Florida, please call (561)514-0900 ext.101.