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Miami Injunction Litigation

Uncategorized Nov 14, 2020

When will a Miami 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? When is a stalking injunction necessary in Florida? How can I obtain a stalking injunction in Miami?

Miami Stalking Injunctions

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. If someone is stalking you in Florida, you may wish to file an injunction.

Probate lawyers and business attorneys know that disputes over money and inheritances can often get pretty heated. Sometimes, although the parties are supposed to be fighting in court, a party decides to stalk or harass the other party. This is usually when a stalking injunction is considered. In addition to stalking injunctions, temporary injunctions to freeze bank accounts or protect assets are often filed during Miami inheritance lawsuits.

Stalking Injunctions in Florida

Shannon v. Smith, a July 23 2019 First DCA opinion, is a great case to read as it 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 Florida appeals court held that the alleged victim did not establish that the neighbor engaged in stalking behavior, as required for issuance of stalking injunction.

Inheritances & Stalking Injunctions

Carter v. Malken, a January 4, 2017 Fourth DCA opinion, is a probate case regarding an injunction against stalking. Here, there was a heated dispute over inheritances. Violent family encounters ended up occurring and a petition for injunction was filed.

If you wish to file a temporary injunction in Miami, call (561)514-0900 ext.101 for a FREE consultation.