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Stalking in Florida and Email Evidence

Uncategorized Oct 31, 2019
post about Stalking in Florida and Email Evidence

What is stalking? How can you obtain a stalking injunction against someone? Do you need a Florida lawyer to help you obtain a stalking injunction? What do emails and stalking have to do with each other? Can email be used as evidence to prove stalking?

Stalking and Florida Probate Litigation

Florida probate attorneys, like those at Pankauski Hauser Lazarus, know that disputes over inheritances can become intense. Frequently, probate lawyers who handle litigation witness family members “fight” in the courts over money and property. This can lead to nasty texts and emails being sent between siblings and/or beneficiaries. 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.”  Sibling rivalries or family disputes can escalate, and injunctions for protection against stalking can end up being filed.

Stalking 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 West Palm Beach or Boca Raton? Are you involved in Palm Beach litigation where the person you are suing has started harassing you? Do you have a crazy neighbor causing you emotional distress? Perhaps, you should consider interviewing a Florida lawyer to help you petition for injunction for protection against stalking.

Shannon v. Smith

Shannon v. Smith, a July 23,2019 First DCA opinion, discusses both stalking and cyberstalking. Although this opinion does not involve an inheritance dispute, it can be very useful if you believe that you may have a stalking issue in Florida. Here, an alleged victim petitioned for temporary stalking injunction against a neighbor. The neighbor appealed.

Here, the appellate court describes the meaning of “stalking” and “cyberstalking” in great detail. In addition, the appellate court explains what is necessary to be entitled to an injunction under 784.0485. 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 is needed to obtain injunction for protection against stalking? Find out by reading this Florida appeal in its entirety.