Stalking: Know Your Rights

April 9, 2014
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Pursuant to Florida law, in October of 2012 a statute became effective, which created a cause of action for an injunction for protection against stalking (including cyberstalking). The statute defines the offense of stalking as “a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.” §784.0485, Fla. Stat. (2013).

The statute enables a victim of stalking (or the parent or legal guardian of a minor child living at home on behalf of the minor child) to seek an injunction for protection against stalking.  The victim can file a petition for an injunction for protection against stalking in the circuit court where the petitioner (victim) currently or temporarily resides, where the respondent (the person alleged of committing the offense of stalking) resides, or where the stalking occurred.  §784.0485, Fla. Stat. (2013).

While the court may not issue mutual orders of protection, the court can issue separate injunctions for protection against stalking. §784.0485, Fla. Stat. (2013).

This statute was recently interpreted by the Second District Court of Appeals.  In Touhey v. Seda, 39 Fla. L. Weekly D530a (Fla. Mar. 12, 2014) the Court reversed a decision granting the petitioner an injunction for protection against stalking.  The Court held that the testimony presented (that the respondent visited the petitioner’s office, asked petitioner’s employees where he was, and called the office twice in the past month having made no threats) did not constitute stalking.  The Court held that the testimony only established a single incident of “following”, respondent was petitioner’s business partner so he had a legitimate reason to contact him, and a reasonable person would not suffer substantial emotional distress as a result of respondent’s actions. This case sheds some light on what constitutes stalking under the law.

Many victims of violence, stalking or otherwise, in addition to legal advice and assistance, may need help from other professionals.  If you think you may be a victim of violence and would like assistance, below are the telephone numbers for resources, which can provide you with additional information and help.

Crisis Counseling

  • Florida Domestic Violence Hotline – (800) 500-1119;
  • Lakeside Alternatives – (407) 875-3700;
  • No Abuse – (407) 228-9503;
  • Domestic Violence Counseling – Safe House Hotline – (407) 330-3933

Shelter

  • Harbor House Shelter (Orange County Domestic Violence) – (407) 246-7007
  • Lakeside Alternatives – (407) 875-3700
  • Rescue Mission (Sanford) – (407) 321-8224
  • Salvation Army – (407) 322-2642
  • Urban League – (407) 841-7654

Safe House of Seminole – (407) 330-3933

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