Daytona Beach Criminal Lawyer Blog
There are numerous laws in place to protect people from harassing behavior. For example, someone who is routinely subjected to threatening behavior can seek an injunction barring the aggressor from further contact. Injunctions will only be granted in cases in which there is objective evidence that it is necessary, though. Recently, a Florida court issued an opinion discussing the proof needed to demonstrate an injunction for protection against stalking in a case in which it ultimately reversed the trial court ruling. If someone is seeking an injunction against you, it is advisable to speak to a capable Florida injunction lawyer to discuss your options.
Facts of the Case
It is reported that the plaintiffs and defendant owned neighboring businesses. They were involved in a dispute over property boundaries and the use of an easement located on the defendant’s property. They could not come to an agreement, and the plaintiffs filed petitions seeking an injunction for protection from stalking against the defendant. In support of their petition, the plaintiffs alleged that the defendant harassed and stalked them by blocking their access to their property and yelling and screaming profanities at them. After an evidentiary hearing in which the plaintiffs stated that the defendant’s actions caused them stress and anxiety, the court granted the plaintiffs’ request and entered an injunction to prevent stalking against the defendant. The defendant appealed.
Grounds for Granting an Injunction
Under Florida law, a person who repeatedly harasses, follows, or cyberstalks another individual in a willful and malicious manner is guilty of the crime of stalking. The statute defines harassment as engaging in a course of conduct that is directed towards a certain person, that serves no legitimate purpose, and causes the person to suffer substantial emotional distress. Continue reading ›