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Injunctions and Florida Law

Uncategorized Nov 26, 2019
post about Injunctions and Florida Law

When will a Florida trial court grant an injunction? To be entitled to an injunction in Florida, what must be proven? When do you need to hire a Florida lawyer to assist you with an injunction?

Injunctions and Florida Business or Probate Lawsuits

Sometimes, West Palm Beach lawyers are asked to file an injunction. Why would a business lawyer or trust and estates lawyer be asked to file an injunction? Well, sometimes, disputes over inheritances or money can become very messy. Florida litigation lawyers know that, when it come to money, people can go to extreme measures. Although the “fight” for the money is being handled in court, there have been cases where one party is so upset that they begin to “stalk” or “harass” the other party. At this point, a stalking injunction may be considered.

Temporary Stalking Injunctions in Florida

To be entitled to a stalking injunction in Florida under section 784.0485, “a petitioner must prove by competent, substantial evidence a single incident of stalking.”

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.

Shannon v. Smith

If you looking to petition for temporary stalking injunction against someone in Florida, you may way to read a recent First DCA opinion, Shannon v. Smith. This opinion discusses and defines both stalking and cyberstalking.

Here, an alleged victim petitioned for temporary stalking injunction against a neighbor. The neighbor appealed. After reviewing the evidence, which included emails, the District Court of Appeal held that the alleged victim did not establish that the neighbor engaged in stalking behavior, as required for issuance of stalking injunction. What evidence would have allowed the petition for temporary stalking injunction to be granted? Why did the appellate court find the evidence insufficient? Find out by reading this Florida appeal in its entirety.