CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2014 WL 948886, 2014 Fla. App. LEXIS 3493
...Kevin Touhey appeals a final judgment of injunction for protection against stalking entered in favor of Frank Seda. Mr. Touhey contends that there was insufficient evidence of stalking to support the injunction. We agree and reverse. Newly-enacted section 784.0485, Florida Statutes (2012), provides injunctive relief from stalking....
...Because there was insufficient evidence that Mr. Touhey stalked Mr. Seda, we reverse the injunction for protection against stalking and remand with instructions to the circuit court to dismiss Mr. Seda’s petition. Reversed and remanded. CASANUEVA and CRENSHAW, JJ., Concur. . Section 784.0485 became effective October 1, 2012, "creating] a cause of action for an injunction for protection against stalking.” See ch....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...Albert ,
123 So.3d 663 , 664 (Fla. 4th DCA 2013). But the question of whether the evidence is legally sufficient to justify imposing an injunction is a question of law that we review de novo. Wills v. Jones ,
213 So.3d 982 , 984 (Fla. 1st DCA 2016). Section
784.0485(1), Florida Statutes (2016), "create[s] a cause of action for an injunction for protection against stalking." The "petition for an injunction for protection against stalking may be filed in the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the stalking occurred." §
784.0485(1)(f), Fla....
...petition, which are directed against the petitioner or the petitioner's immediate family member.' " Wyandt v. Voccio ,
148 So.3d 543 , 544 (Fla. 2d DCA 2014) (emphasis added); see also David v. Textor ,
189 So.3d 871 , 874-75 (Fla. 4th DCA 2016) (" Section
784.0485, Florida Statutes (2014), allows an injunction against stalking, including cyberstalking....
...However, nowhere in the definitions of section
784.048 is stalking defined as a multiple of itself. Stalking is defined simply as "willfully, maliciously, and repeatedly" following, harassing, or cyberstalking another person-not repeatedly stalking another person. §
784.048(2), Fla. Stat. Equally important, section
784.0485 makes no reference to the provisions of the repeat violence statute; does not mandate "guidance" from the repeat violence provisions; and, independent of the requirements of section
784.046, creates a "cause of action for an injunction for protection against stalking." §
784.0485(1), Fla. Stat.; see M. Kimberly Martyn, Representing Battered Spouses, Florida Dissolution of Marriage , § 21.78 (Fla. Bar CLE 12th ed. 2015) ("Effective October 1, 2012, a fifth type of protective injunction exists for protection against stalking. F.S. §
784.0485(1)....
...ction. Were we to adopt such an interpretation, Appellant could have threatened or followed Appellee four times before the circuit court could issue a protective injunction.") (emphasis in the original). Therefore, based on the statutory language of section
784.0485, and the definitions set forth in section
784.048, we hold that the injunction provisions of section
784.0485 only require the petitioner to prove a single incident of stalking....
...is similar to the current cause[ ] of action for [an] injunction[ ] against repeat violence.' " Id. (quoting Fla. S. Crim. Justice Comm., SB 950 (2012), Staff Analysis (Jan. 24, 2012)). We are not persuaded by the referenced staff analysis to abandon our view that the term "stalking" as used in section 784.0485 should be read in the singular....
...[and] where the [statutory] language is clear, courts need no other aids for determining legislative intent." Am. Home Assur. Co. v. Plaza Materials Corp. ,
908 So.2d 360 , 375-76 (Fla. 2005) (Cantero, J., dissenting) (citations omitted). The language is clear in section
784.0485 ; the words of the statute are sufficient....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 177, 2016 WL 64743
...District Court
in Nevada, a suit which continues. Pulse countered by filing a business
tort suit against David in California in June 2014, which eventually was
dismissed.
In July 2014, Textor filed an ex parte petition for protection pursuant
to sections
784.046 and
784.0485, Florida Statutes (2014), which concern
cyberstalking....
...bring David within the
jurisdiction of the court. Because we conclude that the conduct alleged in
the petition is not cyberstalking and the injunction violates the First
Amendment, we reverse and do not further address the issue of
jurisdiction.
Section 784.0485, Florida Statutes (2014), allows an injunction against
stalking, including cyberstalking....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 13212, 2016 WL 4539610
...Just the way you guys are acting in this courtroom; I can feel it. The trial court entered permanent injunctions against both men and explained that the injunctions were “forever.” Klemple now appeals the injunction entered against him and argues that there was insufficient evidence to support it. We agree. Section 784.0485 creates “a cause of action for an injunction for protection against stalking.” § 784.0485(1), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2016 WL 3003257, 2016 Fla. App. LEXIS 7882
...Const.). In granting an injunction for protection
against stalking, the trial court may restrain an individual "from committing any act of
stalking" and order "such other relief as the court deems necessary for the protection of
a victim of stalking." § 784.0485(6)(a)(1), (6)(a)(4), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2017 WL 2562423, 2017 Fla. App. LEXIS 8665
...finding that he engaged in stalking. We hold that the trial court erred in entering an injunction where there was *440 no evidence of stalking and no stipulation to evidence of stalking, and abused its discretion in denying the motion for rehearing. Section
784.0485, Florida Statutes (2016), creates “a cause of action for an injunction for protection against stalking.” “The Florida Criminal Code authorizes circuit courts to issue temporary injunctions against stalking, but it contemplates a ‘full hearing' before a permanent injunction may be entered.” Ceelen v. Grant,
210 So.3d 128, 129 (Fla. 2d DCA 2016) (citing §
784.0485(5)(c)(1))....
...Here, there was not competent substantial evidence to support the injunction. As noted by the trial judge in the agreed final judgment, there were “no admissions and no testimony.” Additionally, the facts alleged by Bockorick in her petition were insufficient to warrant a temporary injunction. See § 784.0485(5)(a) (authorizing a court to grant a temporary injunction ex parte, “[i]f it appears to the court that stalking exists”)....
...“We remand for a full evidentiary hearing to determine whether a new permanent injunction would be appropriate.” Ceelen,
210 So.3d at 129 . We remind trial judges that injunctions for protection can have serious consequences. See, e.g., §
790.233, Fla. Stat. (2016) (providing that individuals against whom a section
784.0485 injunction is entered may not possess a firearm or ammunition); §
784.0485(9)(a) (providing that violation of an injunction for protection may be enforced through a civil or criminal contempt proceeding or prosecuted as a criminal violation)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
..._____________________________
On appeal from the Circuit Court for Columbia County.
Paul S. Bryan, Judge.
May 13, 2019
PER CURIAM.
We reverse the final judgment of injunction for protection
against stalking. See § 784.0485(1), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Paulson looking at her utility meters
and watching her sunbathe was sufficient for the issuance of an
injunction for protection against stalking. The court issued a
judgment of injunction to be in effect for one year. 1
Analysis
Section 784.0485, Florida Statutes (2016), provides for an
injunction for protection against stalking....
...the trial
court in teasing out a thread of truth from a jumbled patchwork of
conflicting narrative,” Pickett,
236 So. 3d at 1146, we agree with
Mr. Paulson.
2 See e.g., David v. Textor,
189 So. 3d 871, 874-75 (Fla. 4th
DCA 2016) (stating section
784.0485 “must be read in conjunction
with section
784.046(1)(b)”); Richards v. Gonzalez,
178 So. 3d 451,
453 (Fla. 3d DCA 2015) (“[T]o define ‘repeated following,
harassing, or cyberstalking,’ guidance can be derived from section
784.046.”); Wyandt v. Voccio,
148 So. 3d 543, 544 (Fla. 2d DCA
2014) (“We analyze [section
784.0485] with guidance from section
784.046.”); Touhey v....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 5589, 2015 WL 1740907
...unction for protection against
stalking entered in favor of Tara Michelle Kersey. Because competent, substantial
evidence does not support the required two incidents of stalking for injunctive relief, we
reverse the final judgment.
Section
784.0485, Florida Statutes (2013), provides for an injunction
against stalking, including cyberstalking, and that statute is analyzed with guidance from
the statute governing injunctions against repeat violence, section
784.046....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 16818, 2014 WL 5151322
...consequences remain that affect Mr. Wyandt's rights. See Godwin v. State,
593 So. 2d
211, 212 (Fla. 1992).
-2-
that the actions and the language directed at Ms. Voccio were intimidating, disgusting,
and threatening.4
Section
784.0485, which governs the procedure for the issuance of
stalking injunctions, became effective on October 1, 2012....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2017 WL 2357869, 2017 Fla. App. LEXIS 7843
...1D15-5066.
PER CURIAM.
We consolidate these cases for purposes of this opinion. Appellant
challenges two orders imposing temporary injunctions against stalking. We are
constrained to reverse because the trial court did not record the evidentiary hearing
as required by section 784.0485(6)(f), Florida Statutes.* Without a transcript, we
cannot adequately review appellant’s claims....
...for injunctions for protection against domestic violence and stalking. See §
741.30(6)(h), Fla. Stat. (“All proceedings under this subsection shall be recorded.
Recording may be by electronic means as provided by the Rules of Judicial
Administration.”); §
784.0485(6)(f), Fla....
CopyCited 1 times | Published | Supreme Court of Florida
...ted Litigants found at the beginning of these forms. The words that are in bold underline are defined in that section. The clerk of the circuit court or family law intake staff will help you complete any necessary forms. For further information, see Section 784.0485, Florida Statutes, and Rule 12.610, Florida Family Law Rules of Procedure....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 WL 305227, 2014 Fla. App. LEXIS 1021
...pport such a finding, we are constrained to reverse and remand with directions to vacate the permanent injunction. We do so, however, without prejudice to Alfred filing a timely and viable petition for injunction for protection against stalking. See § 784.0485, Fla. Stat. (2013). 1 Reversed and remanded. . Section 784.0485 created a cause of action for an injunction for protection against stalking....
CopyCited 1 times | Florida 5th District Court of Appeal
...ad had also filed a
motion to vacate or terminate the temporary injunction, see Fla.
Fam. L. R. P. 12.610(c)(6) (“The petitioner or respondent may move
the court to modify or vacate an injunction [for protection against
stalking] at any time.”); § 784.0485(6)(b), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 18383, 2015 WL 8291622
...It may be that she was simply
unsure at what point in the process she could "tell her side of the story," so to speak, as
a pro se litigant.
-2-
A petitioner may obtain an injunction to prevent stalking under section
784.0485, Florida Statutes (2014)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2017 Fla. App. LEXIS 12107, 2017 WL 3642025
...l evidence does not support a
finding of stalking, we reverse the injunction.
1 Although Johnson sought, and the court granted, an injunction for protection
against "stalking violence," the contents of the petition track those required by section
784.0485(3)(b), Florida Statutes, pertaining to stalking, not violence....
...twenty-minute altercation qualified as two separate incidents of harassment, warranting
an injunction. Specifically, the trial court found that Packal harassed Johnson by: (1)
verbally threatening her and her family while demonstrating his firearm, and (2) shoving
Garcia.
Section 784.0485(1), Florida Statutes (2016), establishes a cause of action for an
injunction for protection against stalking....
CopyPublished | Florida 3rd District Court of Appeal
against stalking violence entered pursuant to section
784.0485, Florida Statutes. “Trial courts have broad
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 13925
...The court later denied Ceelen's motion for reconsideration, and he timely
appealed.
The Florida Criminal Code authorizes circuit courts to issue temporary
injunctions against stalking, but it contemplates a "full hearing" before a permanent
injunction may be entered. § 784.0485(5)(c), Fla....
CopyPublished | Supreme Court of Florida
...(F) Sexual Violence ‐ all matters relating to injunctions for protection against sexual
violence pursuant to section
784.046, Florida Statutes.
(G) Stalking-all matters relating to injunctions for protection against stalking pursuant to
section
784.0485, Florida Statutes
(H) Support ‐ IV‐D ‐ all matters relating to child or spousal support in which an application
for assistance has been filed with the Department of Revenue, Child Support
Enforcement under T...
CopyPublished | Supreme Court of Florida
...(F) Sexual Violence ‐ all matters relating to injunctions for protection against sexual
violence pursuant to section
784.046, Florida Statutes.
(G) Stalking-all matters relating to injunctions for protection against stalking pursuant to
section
784.0485, Florida Statutes
(H) Support ‐ IV‐D ‐ all matters relating to child or spousal support in which an application
for assistance has been filed with the Department of Revenue, Child Support
Enforcement under T...
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 16831, 2014 WL 5151324
...Cynthia Pashtenko appeals the September 13, 2013, order denying her
petition for injunction against stalking, which she sought against Valentin Pashtenko,
her husband. Because the trial court's order failed to set forth the legal grounds for
denial as required by section 784.0485(5)(b), Florida Statutes (2013), we reverse.
The Pashtenkos are in the middle of an admittedly contentious divorce.
On September 13, 2013, Mrs....
...(Kopelvocich v. Kopelvocich,
793 So. 2d 31 (Fla. 2d
DCA 2001))
The court also handwrote a number eight and wrote: "DCF and the
attorneys are being provided copies of this order and petition." Mrs. Pashtenko
appealed.
Section
784.0485 creates a cause of action for an injunction for protection
against stalking. The statute sets forth the required form and substance of a petition for
an injunction against stalking. It also sets forth the procedure the trial court must follow
once the petition is filed. Specifically, section
784.0485(5)(b) states:
[I]n a hearing ex parte for the purpose of obtaining such ex parte
temporary injunction, evidence other than verified pleadings or
affidavits may not be used as evidence, unles...
...injunction with notice at the earliest possible time.
(Emphasis added).
-3-
None of the findings listed in the trial court's order are legal grounds to
deny Mrs. Pashtenko's petition. Contrary to section 784.0485(5)(b), the trial court's
findings under grounds five and seven demonstrate that the trial court considered
"evidence other than verified pleadings or affidavits." Specifically, the trial court looked
beyond the petition to infer that there was no probable cause evidence to arrest or
request charges....
...er numbers six and eight are also not legal
grounds for denial of the petition. The fact that the parties are involved in a dissolution
of marriage or that there are allegations of child abuse have no bearing on whether
stalking has occurred. See § 784.0485(1)(b) ("The cause of action for an injunction for
protection [against stalking] may be sought regardless of whether any other cause of
action is currently pending between the parties.")....
...State,
785 So. 2d 672, 677 (Fla. 4th DCA 2001). In the event
-4-
the trial court decides the petition should be denied, it shall set forth the legal grounds
for the denial in a written order pursuant to section
784.0485(5)(b).
Reversed and remanded.
CASANUEVA and CRENSHAW, JJ., Concur.
-5-
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 15188, 2015 WL 5973843
...crest for many years.
Each has a history of alleging incidents of harassment and unneighborly behavior
against the other. Although each has obtained temporary ex parte civil injunctions
for protection against the other under the stalking statute, section 784.0485, Florida
Statutes (2014), their petitions for final judgments of injunction after a hearing
have, in prior incidents, been dismissed for failure to appear or upon a finding of
no just cause.
The petition in the present case was filed in April 2014....
...taunting her.” She alleged that this had occurred the day after a six-month stay
away order applicable to his probation had expired. According to the Miami-Dade
Clerk’s case information system, Mr. Richards’ stay away order was entered in a
1 Section 784.0485(2)(c), Florida Statutes (2014), specifically directs the court
clerk to assist petitioners in the completion of their forms....
...a window of the car.
No bottle was found by Ms. Gonzalez, though she testified that Mr. Richards
immediately hopped in his car and sped away after the alleged incident.
Conclusion
Applying the requirements of sections
784.048 and
784.0485, Florida
Statutes (2014), and the “reasonable person standard” to the conduct described at
the final hearing (as opposed to the petition), we are constrained to reverse the
final judgment and vacate the injunction....
...If some form of consensual mediation or counselling3 is unavailing and
future petitions eventuate, the parties might consider seeking legal assistance, paid
or pro bono, to focus their legal theories and presentation of evidence.
Reversed; injunction vacated.
2 § 784.0485(1)(d), Fla....
CopyPublished | Florida 1st District Court of Appeal
...For purposes of domestic and nondomestic
violence statutes, stalking is violence.” Steven Scott Stephens,
Injunction For Protection—Stalking, in 23 Fla. Practice, Fla.
Family Law § 14:14 (West 2018) (citing Branson,
143 So. 3d at
1072-1073); see also §
784.0485(1), Fla....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 647, 2015 Fla. LEXIS 2607
...80(t), Petition for Injunction for Protection
Against Stalking (11/15)
- 450 -
the circuit court or family law intake staff will help you complete any necessary forms. For further
information, see Section 784.0485, Florida Statutes, and Rule 12.610, Florida Family Law Rules of
Procedure.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances....
CopyPublished | Florida 2nd District Court of Appeal
...In June 2016, Sermon petitioned for an injunction for protection against
stalking, alleging that Dixon had repeatedly sought out and threatened Sermon, putting
Sermon in fear for her life. After granting a temporary injunction pursuant to section
784.0485(5)(a), Florida Statutes (2015), the trial court held a hearing to determine
whether a permanent injunction was warranted....
...Sermon had told her that Sermon did not live at the house but
lived in Jacksonville. After hearing her testimony and questioning Mr. Sermon, the trial
court granted a fifty-year permanent stalking injunction against Dixon.
Pursuant to section 784.0485, a person may obtain an injunction for
protection against stalking....
CopyPublished | Florida 3rd District Court of Appeal
...The injunction obtained by
the victim—entitled “Final Judgment of Injunction for Protection Against
Stalking Violence”—was admitted into evidence and indicates on its face that
it was issued after the “petition for injunction for protection against stalking
violence under section 784.0485, Florida Statutes, and other papers filed
in this Court have been reviewed.” (Emphasis added.)
1
To prove the crime of stalking, the State must prove a defendant “willfully,
maliciously, and repeatedly follow[ed], harasse[d] or cyberstalk[ed]” the
victim....
...on
against repeat violence, sexual violence, or dating violence, issued pursuant
to section
784.046. Again, however, the only injunction introduced into
evidence in support of these charges was the injunction against stalking,
issued pursuant to section
784.0485.
Dilver properly preserved this issue, arguing in his motion for judgment
of acquittal that the State failed to prove any of the three counts because the
State expressly based its allegations, proof and argument on the “fact” that
each count involved a violation of an “injunction against repeat violence,”
pursuant to section
784.046, while the evidence at trial established the
issuance of an injunction against stalking (section
784.0485).
An injunction against repeat violence (section
784.046) and an
injunction against stalking (section
784.0485) are two distinct types of
injunctions arising from separate causes of action, the violation of which can
result in different and distinct penalties....
...3d 673 (Fla. 3d DCA 2020), and we hold that the trial court erred in
denying Dilver’s motion for judgment of acquittal.
Dilver contended (both in the trial court and here on appeal) that an
injunction for protection against stalking under section
784.0485 is not the
same as an injunction for repeat violence or dating violence under section
784.046, or an injunction for domestic violence under section
741.30.
Indeed, the State has conceded this point, and has further and commendably...
...7
741.30), an essential element for aggravated stalking as charged in Count
One of the Information.
Simply stated, proof of the issuance and existence of an injunction for
protection against stalking under section
784.0485 was legally insufficient to
establish the charge of aggravated stalking under section
784.048(4) which
requires proof of the issuance and existence of an injunction issued for
protection against repeat violence or dating violence...
...This same infirmity applies with respect to Counts Two and Three,
each charging a violation of an injunction against repeat violence. Again, the
only injunction introduced by the State was the injunction against stalking,
issued pursuant to section 784.0485....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 837, 2013 WL 6014354, 2013 Fla. LEXIS 2475
...ms). See In re Amendments to the Florida Family Law Rules of Procedure,
95 So.3d 126 (Fla.2012). The amendments were in response to chapter 2012-153, section 3, Laws of Florida, which took effect October 1, 2012. Chapter 2012-153, section 3, created section
784.0485, Florida Statutes, which established “a cause of action for an injunction for protection against stalking.” §
784.0485(1), Fla....
...Statutes. (F) Sexual Violence — all matters relating to injunctions for protection against sexual violence pursuant to section
784.046, Florida Statutes. (G) Stalking-all matters relating to injunctions for protection against stalking pursuant to section
784.0485, Florida Statutes (H) Support — IV-D—all matters relating to child or spousal support in which an application for assistance has been filed with the Department of Revenue, Child Support Enforcement under Title IVD, Social Securit...
CopyPublished | Supreme Court of Florida
...(F) Sexual Violence ‐ all matters relating to injunctions for protection against sexual
violence pursuant to section
784.046, Florida Statutes.
(G) Stalking-all matters relating to injunctions for protection against stalking pursuant to
section
784.0485, Florida Statutes
(H) Support ‐ IV‐D ‐ all matters relating to child or spousal support in which an application
for assistance has been filed with the Department of Revenue, Child Support
Enforcement under T...
CopyPublished | Florida 5th District Court of Appeal | 2014 WL 1839072, 2014 Fla. App. LEXIS 6903
...When Nettles attempted to engage in discovery prior to the hearing, Hoyos filed a motion for protective order, requesting the court to quash all of Nettles’s discovery requests. In granting the motion, the trial court seems to have been persuaded that section
784.0485(5)(c), Florida Statutes, combined with this Court’s decision in Bacchus v. Bacchus,
108 So.3d 712 (Fla. 5th DCA 2013), required it to conclude that Nettles was not entitled to engage in discovery. We disagree. Section
784.0485(5)(c), Florida Statutes, provides that a full hearing on an injunction against stalking should be held on or before fifteen days from the entry of the temporary injunction, unless good cause is shown....
...s distinguishable from the instant case. Nettles argues that the trial court departed from the essential requirements of law when it entered “a blanket protective order” quashing all discovery. At the heart of this issue lies the tension between section 784.0485(5)(c)’s requirements and the due process rights of a litigant to be prepared for the hearing....
...The court may grant a continuance of the hearing before or during a hearing for good cause shown by any party, which shall include a continuance to obtain service of process. An injunction shall be extended if necessary to remain in full force and effect during any period of continuance. § 784.0485(5)(c), Fla....
CopyPublished | Supreme Court of Florida | 2013 Fla. LEXIS 1939, 2013 WL 1908394
..._ Petitioner ft ¡led to appear at the hearing scheduled in this cause. b. _ Petitioner appeared at the hearing but desires to voluntarily dismiss this action. c. _ The evidence presented is insufficient under Florida law (sections
741.30,
784.046, or
784.0485, Florida Statutes) to allow the Court to issue an injunction for protection against domestic, repeat, dating, or sexual violence; orstalking....
..., the following address: Address_____ City State ________________ Zip_ Telephone (area code and number)_ This request is being made for the purpose of keeping the location of my residence unknown for safety reasons pursuant to section
119.071(2)0)1, section
784.0485(3)(b)l, Florida Statutes, or other statutory provision providing for the separate confidential filing for safety reasons....
...The claims in the motion for extension of injunction for protection make it appear to the Court that there is an immediate and present danger of domestic, repeat, dating, or sexual violence; or stalking, as required under section
741.30, section
784.046, or section
784.0485, Florida Statutes....
...ted Litigants found at the beginning of these forms. The words that are in bold underline are defined in that section. The clerk of the circuit court or family law intake staff will help you complete any necessary forms. For further information, see Section 784.0485, Florida Statutes, and Rule 12.610, Florida Family Law Rules of Procedure....
...d_ *817 IN THE CIRCUIT COURT OF THE_JUDICIAL CIRCUIT, IN AND FOR_COUNTY, FLORIDA Case No.:_ Division:_ Petitioner, and Respondent. TEMPORARY INJUNCTION FOR PROTECTION AGAINST STALKING The Petition for Injunction for Protection Against Stalking under Section 784.0485, Florida Statutes, and other papers filed in this Court have been reviewed....
...e, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. SECTION II. FINDINGS The statements made under oath by Petitioner make it appear that Section 784.0485, Florida Statutes, applies to the parties, and that Petitioner is a victim of stalking by Respondent....
...hange. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent's last known address of record. Such service by mail shall be complete upon mailing. Rule 12.080, Florida Family Law Rules of Procedure; Section 784.0485, Florida Statutes....
...hange. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent's last known address of record. Such service by mail shall be complete upon mailing. Rule 12.080, Florida Family Law Rules of Procedure; Section 784.0485, Florida Statutes....
...Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without a warrant pursuant to Section
901.15, Florida Statutes, for any violation of its provision, which constitutes a criminal act under Section
784.0485, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2016 WL 3011787, 2016 Fla. App. LEXIS 7964
...Even if the evidence presented was sufficient, we
nonetheless would reverse because the trial court did not give Appellant
an opportunity to present his case.
Ms. Schack filed a Petition for Injunction for Protection Against Stalking
against Appellant pursuant to section 784.0485 of the Florida Statutes.
After finding that the allegations in the petition were insufficient to warrant
a temporary injunction, the court set the matter for an evidentiary hearing
to determine whether Ms....
...“This includes allowing relevant testimony of pertinent, noncumulative
witnesses who are present and cross-examination of the parties.” Id.
Appellant was not given any such opportunity.
Further, the evidence presented by Ms. Schack at the hearing was
plainly insufficient to support the injunction. Section 784.0485 creates “a
cause of action for an injunction for protection against stalking.” §
784.0485(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 7977, 2016 WL 3010493
...502015DR011874.
Siobhan Helene Shea of Siobhan Helene Shea Appellate Practice, Palm
Beach, for appellant.
No appearance for appellee.
PER CURIAM.
Patricia A. Fye appeals the summary denial of her petition for
injunction against stalking, which she sought against her former husband,
Bryan S. Bennett, pursuant to section 784.0485, Florida Statutes (2015).
Fye’s petition was denied without a hearing based on a finding that Fye
failed to allege specific facts and circumstances to establish that she was
the victim of stalking....
...on. As a condition of
his probation, Bennett agreed to cooperate with the entry of a permanent
injunction against stalking. Fye also alleged that Bennett was seen
outside of her home and office on several occasions over the past several
months.
Section 784.0485, Florida Statutes (2015), creates a civil cause of
action, which allows a victim of stalking to seek an injunction for
protection....
...agreement, including his agreement to cooperate with the entry of a
permanent injunction against stalking, we conclude that Fye’s petition was
facially sufficient. We therefore reverse and remand for the trial court to
conduct an evidentiary hearing on Fye’s petition pursuant to section
784.0485(4), Florida Statutes.
Reversed and remanded.
WARNER, GROSS and KLINGENSMITH, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing....
CopyPublished | Florida 5th District Court of Appeal
injunctions for protection against stalking under section
784.0485, dating violence injunctions must be predicated
CopyPublished | Florida 1st District Court of Appeal
...See Paulson v. Rankart,
251 So. 3d 986, 988 n. 1 (Fla.
1st DCA 2018).
3
II.
We recently explained the framework for entering an
injunction for protection against stalking pursuant to section
784.0485, Florida Statutes:
Stalking occurs when a person “willfully, maliciously,
and repeatedly follows, harasses, or cyberstalks another
person.” §
784.048(2), Fla....
CopyPublished | Florida 1st District Court of Appeal
...equired to prove
an injunction against repeat violence under section
784.046(2)(a)
4
or against sexual violence under section
784.046(2)(c). Such proof
is also not required for an injunction against stalking under section
784.0485, Florida Statues (2018)....
CopyPublished | Florida 2nd District Court of Appeal
...In granting a final judgment for protection against stalking, the trial court
may "[r]estrain[] the respondent from committing any act of stalking" and order "such
other relief as the court deems necessary for the protection of a victim of stalking." §
784.0485(6)(a)(1), (6)(a)(4), Fla....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088
...WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION
A Petition for Injunction for Protection Against: Domestic Violence filed under section
741.30, Florida
Statutes; Repeat, Dating, or Sexual Violence filed under section
784.046, Florida Statutes; or Stalking
filed under section
784.0485, Florida Statutes, has been reviewed....
...__ Petitioner failed to appear at the hearing scheduled in this cause.
b. __ Petitioner appeared at the hearing but desires to voluntarily dismiss this action.
c. __ The evidence presented is insufficient under Florida law (sections
741.30,
784.046, or
784.0485, Florida Statutes) to allow the Court to issue an injunction for protection against
domestic, repeat, dating, or sexual violence; or stalking.
Accordingly, the case is dismissed without prejudice.
DONE AND ORDERED in_____________...
...City State Zip
Telephone (area code and number)
This request is being made for the purpose of keeping the location of my residence unknown for safety
reasons pursuant to section
119.071(2)(j)1, section
784.0485(3)(b)1, Florida Statutes, or other statutory
provision providing for the separate confidential filing for safety reasons.
Dated: __________________________________________
Signature...
...tion for protection make it appear to the Court that
there is an immediate and present danger of domestic, repeat, dating, or sexual violence as required
under section
741.30 or section
784.046, Florida Statutes, or that stalking exists, pursuant to section
784.0485, Florida Statutes....
...980(t), Petition for Injunction for Protection
Against Stalking (03/15)
- 619 -
the circuit court or family law intake staff will help you complete any necessary forms. For further
information, see Section 784.0485, Florida Statutes, and Rule 12.610, Florida Family Law Rules of
Procedure.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances....
...Division:
__________________,
Petitioner,
and
__________________,
Respondent.
TEMPORARY INJUNCTION FOR PROTECTION AGAINST STALKING
The Petition for Injunction for Protection Against Stalking under Section 784.0485, Florida Statutes, and
other papers filed in this Court have been reviewed....
..., or immediately upon
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing or voice impaired, call 711.
SECTION II. FINDINGS
The statements made under oath by Petitioner make it appear that Section 784.0485, Florida Statutes,
applies to the parties, and that stalking exists.
SECTION III....
...nge. All further papers (excluding pleadings requiring personal
service) shall be served by mail to Respondent’s last known address of record. Such service by mail shall
be complete upon mailing. Rule 12.080, Florida Family Law Rules of Procedure; Section 784.0485,
Florida Statutes.
5....
...___________________,
Petitioner,
and
__________________,
Respondent.
FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST
STALKING (AFTER NOTICE)
The Petition for Injunction for Protection Against Stalking under Section 784.0485, Florida Statutes, and
other papers filed in this Court have been reviewed....
...Law enforcement officers of
the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this
injunction and are authorized to arrest without a warrant pursuant to Section
901.15, Florida Statutes,
for any violation of its provisions, which constitutes a criminal act under Section
784.0485, Florida
Statutes.
2....
CopyPublished | Supreme Court of Florida
...(F) Sexual Violence ‐ all matters relating to injunctions for protection against sexual
violence pursuant to section
784.046, Florida Statutes.
(G) Stalking-all matters relating to injunctions for protection against stalking pursuant to
section
784.0485, Florida Statutes
(H) Support ‐ IV‐D ‐ all matters relating to child or spousal support in which an application
for assistance has been filed with the Department of Revenue, Child Support
Enforcement under T...
CopyPublished | Supreme Court of Florida
...(F) Sexual Violence ‐ all matters relating to injunctions for protection against sexual
violence pursuant to section
784.046, Florida Statutes.
(G) Stalking-all matters relating to injunctions for protection against stalking pursuant to
section
784.0485, Florida Statutes
(H) Support ‐ IV‐D ‐ all matters relating to child or spousal support in which an application
for assistance has been filed with the Department of Revenue, Child Support
Enforcement under T...
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 9991, 2016 WL 3534032
...Analysis “A trial court’s order granting a permanent injunction is reviewed for competent substantial evidence.” Thoma v. O’Neal,
180 So.3d 1157, 1159 (Fla. 4th DCA 2015). Courts have the authority to enjoin stalking and/or cyberstalking under section
784.0485, Florida Statutes (2015)....
CopyPublished | Florida 3rd District Court of Appeal
...inent danger of
becoming the victim of domestic violence under section
741.30(6)(b). See
Horn v. Wolfe,
219 So. 3d 971 (Fla. 1st DCA 2017) (reversing injunction
against stalking where trial court did not record evidentiary hearing as
required by section
784.0485(6)(f), Florida Statutes)....
CopyPublished | Florida 2nd District Court of Appeal
...front door where the camera is located with a document.
The court finds that there is sufficient evidence to
support the entry of a repeat violence injunction for a period
of two years.
This appeal followed.
Section 784.0485, Florida Statutes (2017), provides for injunctive relief
from stalking....
CopyPublished | Florida 4th District Court of Appeal
...First, he argues his
actions served a legitimate purpose in advocating against restrictive
legislation adversely affecting sex offenders. Second, he claims that his
social media activities do not constitute “a course of conduct directed at a
specific person” as required by section 784.0485, Florida Statutes (2016).
And third, Respondent asserts that Petitioner’s subjective fear does not
satisfy the objective “reasonable person” standard required by the statute.
Petitioner claims that: Respondent’s actions a...
...Respondent is a convicted child molester with a domestic violence
injunction previously issued against him. She also asserts that
Respondent’s post containing pictures of her home and its address have
placed her and her children in fear for their safety.
“Section 784.0485 ....
...I write separately only to
emphasize a point not raised until the majority opinion’s conclusion: “[W]e
do not hold that an elected official can never be the victim of stalking.”
Maj. op. at 18.
None of the four statutes currently addressing stalking – sections
784.048,
784.0485,
784.0487, and
784.049, Florida Statutes (2019) –
exclude an elected official from being the victim of stalking or from seeking
an injunction for protection against stalking....
CopyPublished | Florida 4th District Court of Appeal
...injunction for protection against dating violence entered at the behest of
appellee Martha Rivera under section
784.046, Florida Statutes (2020);
and (2) an ex parte temporary injunction for protection against stalking
entered at the behest of appellee Gabriel Rivera under section
784.0485,
Florida Statutes (2020)....
...temporary injunctions where there was no showing of good cause to merit
a continuation. See §
784.046(6)(c), Fla. Stat. (2020) (“The court may grant
a continuance of the ex parte injunction and the full hearing before or
during a hearing, for good cause shown by any party.”); §
784.0485(5)(c),
1 Appellant briefed these two cases individually but we, sua sponte, consolidate
them for purposes of this opinion.
Fla....
CopyPublished | Supreme Court of Florida
...Zip
Telephone (area code and number)
This request is being made for the purpose of keeping the location of my residence unknown for safety
reasons pursuant to section
119.071(2)(j)1, section
741.30(3)(b)(a), section
784.046(4)(b)1, and section
784.0485(3)(b)1, Florida Statutes, or other statutory provision providing for the separate confidential
filing for safety reasons.
Dated: __________________________________________...
CopyPublished | Supreme Court of Florida
...ies may arrange to have such proceedings
recorded or transcribed at their expense. These amendments clarify a presiding
court’s obligation to record domestic violence and stalking proceedings pursuant,
respectively, to sections
741.30(6)(h) and
784.0485(6)(f), Florida Statutes (2017).
The amended form is hereby adopted as set forth in the appendix to this
opinion, fully engrossed....
...WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION
A Petition for Injunction for Protection Against: Domestic Violence filed under section
741.30, Florida
Statutes; Repeat, Dating, or Sexual Violence filed under section
784.046, Florida Statutes; or Stalking
filed under section
784.0485, Florida Statutes, has been reviewed....
CopyPublished | Supreme Court of Florida
...Zip
Telephone (area code and number)
This request is being made for the purpose of keeping the location of my residence unknown for safety
reasons pursuant to section
119.071(2)(j)1, section
741.30(3)(b)(a), section
784.046(4)(b)1, and section
784.0485(3)(b)1, Florida Statutes, or other statutory provision providing for the separate confidential
filing for safety reasons.
Dated: __________________________________________...
CopyPublished | Florida 4th District Court of Appeal
...2d DCA 2014). The court ruled that it was going to give
2 In contrast, injunctions for protection against repeat violence and sexual
violence under section
784.046(2)(a), (c), Florida Statutes, and injunctions for
protection against stalking under section
784.0485, Florida Statutes, do not
require the prospect of a future act of violence....
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 470, 2014 WL 3555973, 2014 Fla. LEXIS 2121
...WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION
A Petition for Injunction for Protection Against: Domestic Violence filed under section
741.30, Florida
Statutes; Repeat, Dating, or Sexual Violence filed under section
784.046, Florida Statutes; or Stalking
filed under section
784.0485, Florida Statutes, has been reviewed....
...Petitioner,
and
__________________,
Respondent.
TEMPORARY INJUNCTION FOR PROTECTION AGAINST STALKING
The Petition for Injunction for Protection Against Stalking under Section 784.0485, Florida Statutes, and
other papers filed in this Court have been reviewed....
..., or immediately upon
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing or voice impaired, call 711.
SECTION II. FINDINGS
The statements made under oath by Petitioner make it appear that Section 784.0485, Florida Statutes,
applies to the parties, and that stalking exists.
SECTION III....
...All further papers (excluding pleadings requiring
personal service) shall be served by mail to Respondent’s last known address of record. Such
service by mail shall be complete upon mailing. Rule 12.080, Florida Family Law Rules of
Procedure; Section 784.0485, Florida Statutes.
5....
CopyPublished | District Court of Appeal of Florida
court] review[s] de novo.” Id. at 1144. Section
784.0485(1), Florida Statutes (2019), “create[s] a
CopyPublished | Florida 4th District Court of Appeal
...a
Zoom hearing); Solonina v. Artglass Int’l, LLC,
256 So. 3d 971, 973–74 (Fla.
3d DCA 2018) (trial court erred when rescheduling trial for a date that on
which the court knew the plaintiff would be out of town). The permanent
injunction statute, section
784.0485(5)(a)–(c), Florida Statutes (2023) 2,
requires a hearing prior to a permanent injunction’s issuance to protect
the due process rights of the person to be enjoined....
...indicates the continuance motion was to delay. The temporary injunction
was entered ex parte, so McPherson could not have anticipated a
permanent injunction hearing was forthcoming. And because temporary
injunctions may last only fifteen days without an extension under section
784.0485(5)(c), McPherson was given only eight days’ notice of the hearing.
She filed her motion to continue the day after she was served with the
temporary injunction, and her motion stated she would return the day
after the permanent hearing was scheduled....
...indicate the motion is not for dilatory purposes).
Finally, Samuel would not have been prejudiced if the trial court had
rescheduled the permanent injunction hearing until McPherson’s return
to the country, as the temporary injunction would have remained in place.
See § 784.0485(5)(c), Fla....
CopyPublished | Florida 1st District Court of Appeal
...is going to enter an order of injunction prohibiting [Appellant] from
having any contact with [Appellee] or his family.” This appeal
followed.
In 2012, the Legislature created a cause of action for an
injunction for protection against stalking. See § 784.0485(1), Fla.
Stat....
...of electronic mail or electronic communication, directed at a
specific person, causing substantial emotional distress to that
person and serving no legitimate purpose.” §
784.048(1)(d), Fla.
Stat. (2018).
To be entitled to an injunction under section
784.0485, a
petitioner must prove by competent, substantial evidence a single
incident of stalking....
CopyPublished | Supreme Court of Florida
...ted Litigants found at the
beginning of these forms. The words that are in bold underline are defined in that section. The clerk of
the circuit court or family law intake staff will help you complete any necessary forms. For further
information, see Section 784.0485, Florida Statutes, and Rule 12.610, Florida Family Law Rules of
Procedure.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of General Practice and Judicial Administration now require that all petit...
CopyPublished | Supreme Court of Florida | 2012 Fla. LEXIS 2657, 2012 WL 2849216
...es); 12.492 (Special Magistrates); 12.610 (Injunctions for Domestic, Repeat, Dating, and Sexual Violence); and 12.750 (Family Self-Help Programs). The proposed amendments are in response to chapter 2012-153, section 3, Laws of Florida, which creates section 784.0485, Florida Statutes and goes into effect October 1, 2012. See Ch.2012-153, § 6, Laws of Fla. New section 784.0485(1) creates “a cause of action for an injunction for protection against stalking.” The Committee proposes amending references throughout the Family Law Rules of Procedure to “injunctions for domestic, repeat, dating, and sexual...
CopyPublished | Florida 2nd District Court of Appeal
...Because the evidence is
legally insufficient to support the injunction, we reverse.
Ms. Abercrombie and Ryan Nenneman dated for several months.
More than a year and a half after their relationship ended, Mr.
Nenneman petitioned for a stalking injunction against Ms. Abercrombie
pursuant to section 784.0485, Florida Statutes (2023)....
...Abercrombie now appeals.
Ms. Abercrombie raises multiple arguments but we primarily
address only one. Ms. Abercrombie argues—and we agree—that the
evidence is insufficient to establish that her conduct caused substantial
emotional distress.1 Under section
784.0485(6)(a), a court may enter an
injunction "when it appears to the court that the petitioner is the victim
of stalking." Under section
784.048(2), a person commits stalking if she
or he "willfully, maliciously, and repeatedly follows, ha...
CopyPublished | Florida 4th District Court of Appeal
...DVCE-20-
000510.
John J.R. Skrandel of Jerome F. Skrandel, PL, North Palm Beach, for
appellant.
No appearance for appellee.
FORST, J.
Appellant Vicki Paige Ahern challenges the final judgment of injunction
for protection against stalking issued pursuant to section 784.0485(1),
Florida Statutes (2019)....
...is a question of law that we review de novo.” Krapacs v. Bacchus,
301 So.
3d 976, 978 (Fla. 4th DCA 2020) (quoting Pickett v. Copeland,
236 So. 3d
1142, 1144 (Fla. 1st DCA 2018)).
Courts have the authority to enjoin stalking and/or
cyberstalking under section
784.0485, Florida Statutes
(2015)....
CopyPublished | Florida 1st District Court of Appeal
...Albert,
123 So. 3d 663,
664 (Fla. 4th DCA 2013). But the question of whether the evidence
is legally sufficient to justify imposing an injunction is a question
of law that we review de novo. Wills v. Jones,
213 So. 3d 982, 984
(Fla. 1st DCA 2016).
Section
784.0485(1), Florida Statutes (2016), “create[s] a
cause of action for an injunction for protection against stalking.”
The “petition for an injunction for protection against stalking may
be filed in the circuit where the petitioner currently or temporarily
resides, where the respondent resides, or where the stalking
occurred.” §
784.0485(1)(f), Fla....
...ition, which
are directed against the petitioner or the petitioner’s immediate
family member.’” Wyandt v. Voccio,
148 So. 3d 543, 544 (Fla. 2d
DCA 2014) (emphasis added); see also David v. Textor,
189 So. 3d
871, 874-75 (Fla. 4th DCA 2016) (“Section
784.0485, Florida
Statutes (2014), allows an injunction against stalking, including
cyberstalking....
...stalking defined as a multiple of itself. Stalking is defined simply
as “willfully, maliciously, and repeatedly” following, harassing, or
cyberstalking another person—not repeatedly stalking another
person. §
784.048(2), Fla. Stat. Equally important, section
784.0485 makes no reference to the provisions of the repeat
violence statute; does not mandate “guidance” from the repeat
violence provisions; and, independent of the requirements of
section
784.046, creates a “cause of action for an injunction for
protection against stalking.” §
784.0485(1), Fla....
...Stat.; see M.
Kimberly Martyn, Representing Battered Spouses, Florida
Dissolution of Marriage, §21.78 (Fla. Bar CLE 12th ed. 2015)
(“Effective October 1, 2012, a fifth type of protective injunction
3
exists for protection against stalking. F.S. 784.0485(1)....
...is similar to the current cause[] of
action for [an] injunction[] against repeat violence.’” Id. (quoting
Fla. S. Crim. Justice Comm., SB 950 (2012), Staff Analysis (Jan.
24, 2012)). We are not persuaded by the referenced staff analysis
to abandon our view that the term “stalking” as used in section
784.0485 should be read in the singular....
...[and] where the [statutory]
language is clear, courts need no other aids for determining
legislative intent.” Am. Home Assur. Co. v. Plaza Materials Corp.,
908 So. 2d 360, 375-76 (Fla. 2005) (Cantero, J., dissenting)
(citations omitted). The language is clear in section
784.0485; the
words of the statute are sufficient.
Second, our reading of the full staff analysis only serves to
confirm our present conclusion, to the extent that the analysis
expressly recognized the need for an injunction specificall...
...ion. Were we to
adopt such an interpretation, Appellant could have threatened or
followed Appellee four times before the circuit court could issue a
protective injunction.”) (emphasis in the original). Therefore,
based on the statutory language of section
784.0485, and the
definitions set forth in section
784.048, we hold that the injunction
provisions of section
784.0485 only require the petitioner to prove
a single incident of stalking.
Turning to the facts of this case, it was incumbent on Ms.
Copeland to prove stalking by competent, substantial evidence.
Thoma v....
CopyPublished | Florida 4th District Court of Appeal
...Bushell of Bushell Law, P.A., Fort Lauderdale, for appellant.
Marc A. Silverman of Frank, Weinberg & Black, P.L., Plantation, for
appellee.
PER CURIAM.
We reverse the final judgment of injunction for protection against
stalking issued pursuant to section 784.0485(1), Florida Statutes (2020),
concluding that appellant’s repeated threats of litigation did not rise to the
level of causing substantial emotional distress in a reasonable person.
The evidence presented concerned appellant’s displeasure with a
woman’s testimony in another person’s injunction case....
...FORST, J., dissenting.
“Every natural person has the right to be let alone and free from
governmental intrusion into the person’s private life except as otherwise
provided herein.” Art. I, § 23, Fla. Const. Florida’s anti-stalking law,
section 784.0485, Florida Statutes (2020), “create[s] a cause of action for
an injunction for protection against stalking” by a nongovernmental actor.
Thus, the Florida Constitution protects an individual’s “right to be let
alone” from the...
...against stalking is reviewed for competent substantial evidence. O’Neill v.
Goodwin,
195 So. 3d 411, 413 (Fla. 4th DCA 2016).
3
Courts have the authority to enjoin stalking and/or
cyberstalking under section
784.0485, Florida Statutes
(2015)....
CopyPublished | Supreme Court of Florida
...(G) Sexual Violence ‐ all matters relating to injunctions for protection against sexual
violence pursuant to section
784.046, Florida Statutes.
(H) Stalking-all matters relating to injunctions for protection against stalking pursuant to
section
784.0485, Florida Statutes
(I) Support ‐ IV‐D ‐ all matters relating to child or spousal support in which an application
for assistance has been filed with the Department of Revenue, Child Support
Enforcement under T...
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 18404, 2015 WL 8295056
...Bollea,
129 So. 3d 1196, 1200 (Fla. 2d DCA 2014) (citation
omitted).
1The Victim is an African-American female who worked at an abortion clinic
described in the flyer as “located in a poor, black neighborhood.”
2
Section
784.0485(1), Florida Statutes (2014), creates “a cause of action
for an injunction for protection against stalking.” §
784.0485, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...ATKINSON, Judge.
Brittany Budlove appeals an April 8, 2022, order granting the
petitions of the five appellees—William Johnson, Joenetta Johnson,
Susanne Campbell, Tanya Lewis, and Rafaela McCoy—for protection
against stalking pursuant to sections
784.0485 and
784.048, Florida
Statutes (2021).1 We affirm the entry of all five injunctions for stalking
and reject without discussion Budlove's argument that there was
1 The five cases are consolidated for the purposes of the opinion.
2
insufficient evidence for the trial court to impose the injunctions against
her pursuant to sections
784.0485 and
784.048....
...While
the Florida Legislature has found that individuals should under some
circumstances be entitled to an injunction against harassment even
when that harassment unquestionably limits a person's speech, see, e.g.,
6
§§
784.0485(1) ("For the purposes of injunctions for protection against
stalking under this section, the offense of stalking shall include the
offense of cyberstalking.");
784.048(1)(d)1 (" 'Cyberstalk' means ....
..."Upon notice and hearing, when it appears to the court
that the petitioner is the victim of stalking, the court may grant such
relief as the court deems proper, including an injunction . . . [r]estraining
the respondent from committing any act of stalking." §
784.0485(6)(a)1.3
However, in fashioning such a remedy, the court is necessarily restrained
by the statutory definition of stalking, and because the statute
3 The statute also allows for injunctions "[o]rdering the respondent
to participate in treatment, intervention, or counseling services,"
"[r]eferring a petitioner to appropriate services," and "[o]rdering such
other relief as the court deems necessary for the protection of a victim of
stalking, including . . . directives to law enforcement agencies."
§
784.0485(6)(a)2-4.
11
specifically states that stalking includes cyberstalking, the court also
must fashion a remedy within the statutory definition of cyberstalking.
Section
784.048(1)(d)1 defines cyber...
CopyPublished | Florida 2nd District Court of Appeal
...ATKINSON, Judge.
Brittany Budlove appeals an April 8, 2022, order granting the
petitions of the five appellees—William Johnson, Joenetta Johnson,
Susanne Campbell, Tanya Lewis, and Rafaela McCoy—for protection
against stalking pursuant to sections
784.0485 and
784.048, Florida
Statutes (2021).1 We affirm the entry of all five injunctions for stalking
and reject without discussion Budlove's argument that there was
1 The five cases are consolidated for the purposes of the opinion.
2
insufficient evidence for the trial court to impose the injunctions against
her pursuant to sections
784.0485 and
784.048....
...While
the Florida Legislature has found that individuals should under some
circumstances be entitled to an injunction against harassment even
when that harassment unquestionably limits a person's speech, see, e.g.,
6
§§
784.0485(1) ("For the purposes of injunctions for protection against
stalking under this section, the offense of stalking shall include the
offense of cyberstalking.");
784.048(1)(d)1 (" 'Cyberstalk' means ....
..."Upon notice and hearing, when it appears to the court
that the petitioner is the victim of stalking, the court may grant such
relief as the court deems proper, including an injunction . . . [r]estraining
the respondent from committing any act of stalking." §
784.0485(6)(a)1.3
However, in fashioning such a remedy, the court is necessarily restrained
by the statutory definition of stalking, and because the statute
3 The statute also allows for injunctions "[o]rdering the respondent
to participate in treatment, intervention, or counseling services,"
"[r]eferring a petitioner to appropriate services," and "[o]rdering such
other relief as the court deems necessary for the protection of a victim of
stalking, including . . . directives to law enforcement agencies."
§
784.0485(6)(a)2-4.
11
specifically states that stalking includes cyberstalking, the court also
must fashion a remedy within the statutory definition of cyberstalking.
Section
784.048(1)(d)1 defines cyber...
CopyPublished | Florida 2nd District Court of Appeal
...ATKINSON, Judge.
Brittany Budlove appeals an April 8, 2022, order granting the
petitions of the five appellees—William Johnson, Joenetta Johnson,
Susanne Campbell, Tanya Lewis, and Rafaela McCoy—for protection
against stalking pursuant to sections
784.0485 and
784.048, Florida
Statutes (2021).1 We affirm the entry of all five injunctions for stalking
and reject without discussion Budlove's argument that there was
1 The five cases are consolidated for the purposes of the opinion.
2
insufficient evidence for the trial court to impose the injunctions against
her pursuant to sections
784.0485 and
784.048....
...While
the Florida Legislature has found that individuals should under some
circumstances be entitled to an injunction against harassment even
when that harassment unquestionably limits a person's speech, see, e.g.,
6
§§
784.0485(1) ("For the purposes of injunctions for protection against
stalking under this section, the offense of stalking shall include the
offense of cyberstalking.");
784.048(1)(d)1 (" 'Cyberstalk' means ....
..."Upon notice and hearing, when it appears to the court
that the petitioner is the victim of stalking, the court may grant such
relief as the court deems proper, including an injunction . . . [r]estraining
the respondent from committing any act of stalking." §
784.0485(6)(a)1.3
However, in fashioning such a remedy, the court is necessarily restrained
by the statutory definition of stalking, and because the statute
3 The statute also allows for injunctions "[o]rdering the respondent
to participate in treatment, intervention, or counseling services,"
"[r]eferring a petitioner to appropriate services," and "[o]rdering such
other relief as the court deems necessary for the protection of a victim of
stalking, including . . . directives to law enforcement agencies."
§
784.0485(6)(a)2-4.
11
specifically states that stalking includes cyberstalking, the court also
must fashion a remedy within the statutory definition of cyberstalking.
Section
784.048(1)(d)1 defines cyber...
CopyPublished | Florida 2nd District Court of Appeal
...ATKINSON, Judge.
Brittany Budlove appeals an April 8, 2022, order granting the
petitions of the five appellees—William Johnson, Joenetta Johnson,
Susanne Campbell, Tanya Lewis, and Rafaela McCoy—for protection
against stalking pursuant to sections
784.0485 and
784.048, Florida
Statutes (2021).1 We affirm the entry of all five injunctions for stalking
and reject without discussion Budlove's argument that there was
1 The five cases are consolidated for the purposes of the opinion.
2
insufficient evidence for the trial court to impose the injunctions against
her pursuant to sections
784.0485 and
784.048....
...While
the Florida Legislature has found that individuals should under some
circumstances be entitled to an injunction against harassment even
when that harassment unquestionably limits a person's speech, see, e.g.,
6
§§
784.0485(1) ("For the purposes of injunctions for protection against
stalking under this section, the offense of stalking shall include the
offense of cyberstalking.");
784.048(1)(d)1 (" 'Cyberstalk' means ....
..."Upon notice and hearing, when it appears to the court
that the petitioner is the victim of stalking, the court may grant such
relief as the court deems proper, including an injunction . . . [r]estraining
the respondent from committing any act of stalking." §
784.0485(6)(a)1.3
However, in fashioning such a remedy, the court is necessarily restrained
by the statutory definition of stalking, and because the statute
3 The statute also allows for injunctions "[o]rdering the respondent
to participate in treatment, intervention, or counseling services,"
"[r]eferring a petitioner to appropriate services," and "[o]rdering such
other relief as the court deems necessary for the protection of a victim of
stalking, including . . . directives to law enforcement agencies."
§
784.0485(6)(a)2-4.
11
specifically states that stalking includes cyberstalking, the court also
must fashion a remedy within the statutory definition of cyberstalking.
Section
784.048(1)(d)1 defines cyber...
CopyPublished | Florida 2nd District Court of Appeal
...ATKINSON, Judge.
Brittany Budlove appeals an April 8, 2022, order granting the
petitions of the five appellees—William Johnson, Joenetta Johnson,
Susanne Campbell, Tanya Lewis, and Rafaela McCoy—for protection
against stalking pursuant to sections
784.0485 and
784.048, Florida
Statutes (2021).1 We affirm the entry of all five injunctions for stalking
and reject without discussion Budlove's argument that there was
1 The five cases are consolidated for the purposes of the opinion.
2
insufficient evidence for the trial court to impose the injunctions against
her pursuant to sections
784.0485 and
784.048....
...While
the Florida Legislature has found that individuals should under some
circumstances be entitled to an injunction against harassment even
when that harassment unquestionably limits a person's speech, see, e.g.,
6
§§
784.0485(1) ("For the purposes of injunctions for protection against
stalking under this section, the offense of stalking shall include the
offense of cyberstalking.");
784.048(1)(d)1 (" 'Cyberstalk' means ....
..."Upon notice and hearing, when it appears to the court
that the petitioner is the victim of stalking, the court may grant such
relief as the court deems proper, including an injunction . . . [r]estraining
the respondent from committing any act of stalking." §
784.0485(6)(a)1.3
However, in fashioning such a remedy, the court is necessarily restrained
by the statutory definition of stalking, and because the statute
3 The statute also allows for injunctions "[o]rdering the respondent
to participate in treatment, intervention, or counseling services,"
"[r]eferring a petitioner to appropriate services," and "[o]rdering such
other relief as the court deems necessary for the protection of a victim of
stalking, including . . . directives to law enforcement agencies."
§
784.0485(6)(a)2-4.
11
specifically states that stalking includes cyberstalking, the court also
must fashion a remedy within the statutory definition of cyberstalking.
Section
784.048(1)(d)1 defines cyber...
CopyPublished | Florida 2nd District Court of Appeal
...Statton managed Dr. Paylan's
2020 campaign for political office.
2
1247, 1249 (Fla. 3d DCA 2006)). As explained below, the trial court did
not abuse its discretion.
Florida courts may enjoin stalking under section 784.0485, Florida
Statutes (2021)....
CopyPublished | Florida 5th District Court of Appeal
...We reverse because there was a lack of competent substantial evidence presented to support an injunction against-stalking. The parties , previously worked in different departments at the Kennedy Space Center. Jacobs filed a petition for injunction for protection against stalking pursuant to section 784.0485, Florida Statutes (2016), alleging that she received harassing letters anonymously sent through the mail over the course of the last year, her work space was vandalized with a....
CopyPublished | Florida 1st District Court of Appeal
...3d 1057, 1058 (Fla.
1st DCA 2023).
Analysis
Injunctions against domestic violence and against stalking
require proof of stalking. To obtain her injunction against stalking,
Kristen had to prove that she was the victim of stalking.
§ 784.0485(1)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal
...3d 1057, 1058 (Fla.
1st DCA 2023).
Analysis
Injunctions against domestic violence and against stalking
require proof of stalking. To obtain her injunction against stalking,
Kristen had to prove that she was the victim of stalking.
§ 784.0485(1)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal
...Copeland,
236 So. 3d 1142, 1143–
44 (Fla. 1st DCA 2018). But we review the sufficiency of the
evidence for such an injunction de novo. See id. at 1144; Brennan
v. Syfrett,
369 So. 3d 320, 323 (Fla. 1st DCA 2023).
2
Section
784.0485(1), Florida Statutes, creates a civil cause of
action for injunctive relief from stalking. Paragraph (6)(a) further
provides that “[u]pon notice and hearing, when it appears to the
court that the petitioner is the victim of stalking, the court may
grant such relief as the court deems proper . . . .” §
784.0485(6)(a),
Fla....
CopyPublished | Florida 4th District Court of Appeal
...“Whether the evidence is
legally sufficient to support issuance of the injunction is a legal question
subject to de novo review.” Brungart v. Pullen,
296 So. 3d 973, 976 (Fla.
2d DCA 2020) (quoting Schultz v. Moore,
282 So. 3d 152, 154 (Fla. 5th
DCA 2019)).
Section
784.0485(1), Florida Statutes (2021), creates “a cause of action
for an injunction for protection against stalking.” A person commits
stalking when the person “willfully, maliciously, and repeatedly follows,
harasses, or cyberstalks another person.” §
784.048(2), Fla....
...night for months, and continu[ing] such monitoring even after she moved”).
4
We reverse that portion of the final judgment involving time-sharing
and no contact with the parties’ minor children.
Section 784.0485 does not provide authority for making a custody
determination in a final judgment for protection against stalking. Compare
§ 784.0485(6)(a), Fla....
...cases to award “such other relief as the court deems necessary for the
protection of a victim” of stalking, “including injunctions or directives to
law enforcement agencies, as provided in this section.” But that statutory
language is contained in both sections
784.0485 and
741.30, so the
provision in the stalking statute cannot be interpreted as encompassing a
child custody determination, particularly where that provision does not
reference Chapter 61 or the best interests of the children. If the legislature
had intended section
784.0485 to allow for custody determinations, it
could have said so, as it did in section
741.30.
In addition, Appellee did not file a petition on behalf of her children
seeking exclusive time sharing....
CopyPublished | Supreme Court of Florida
...ted Litigants found at the beginning of
these forms. The words that are in bold underline are defined in that section. The clerk of the circuit court or family
law intake staff will help you complete any necessary forms. For further information, see Section 784.0485, Florida
Statutes, and Rule 12.610, Florida Family Law Rules of Procedure.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of General Practice and Judicial Administration now require that all pet...
CopyPublished | Florida 3rd District Court of Appeal
...ll be
reviewed by the competent substantial evidence test.”). Legal sufficiency of
the evidence to justify an injunction is reviewed de novo. Picket,
236 So. 3d
at 1144 (citing Wills v. Jones,
213 So. 3d 982, 984 (Fla. 1st DCA 2016)).
Section
784.0485(1), Florida Statutes (2020), creates “a cause of
action for an injunction for protection against stalking.” As defined by section
7
784.048(2), “[a] person who willfully, maliciously, and repeatedly follows,
harasses, or cyberstalks another person commits the offense of stalking . . .
.” See Washington v. Brown,
300 So. 3d 338, 340 (Fla. 2d DCA 2020) (“We
interpret section
784.0485 with reference to the definitions found in section
784.048, which makes stalking under certain conditions a criminal offense,
and refer to section
784.046 (providing for protective injunctions for victims
of repeat violence) and t...
CopyPublished | Florida 4th District Court of Appeal
...First, he argues his
actions serve a legitimate purpose in advocating against restrictive
legislation adversely affecting sex offenders. Second, he claims that his
social media activities do not constitute “a course of conduct directed at a
specific person” as required by section 784.0485, Florida Statutes (2016).
And third, the appellant asserts that the appellee’s subjective fear does not
satisfy the objective “reasonable person” standard required by the statute.
The appellee claims that: the appellant’...
...is a convicted child molester and has had a domestic violence injunction
previously issued against him; his actions have placed her and her
children in fear for their safety by advertising her home address; and, the
trial court properly entered the injunction.
“Section 784.0485 ....
...There is no doubt that the appellant’s posts were aimed at the appellee.
However, our court and the Second and Third Districts have interpreted
“a course of conduct directed at a specific person” to exempt social media
messages from qualifying as the type of conduct covered by section
784.0485, Florida Statutes....
...freedom of speech and
expression.
U.S. v. Alvarez,
567 U.S. 709, 729–30 (2012).
Florida case law has mandated that threats via social media be directed
to the individual—not by content, but by delivery—to fall within the
purview of section
784.0485....
CopyPublished | Florida 4th District Court of Appeal
...sufficient to justify imposing an injunction is a question of law that we
review de novo.” Pickett v. Copeland,
236 So. 3d 1142, 1144 (Fla. 1st
DCA 2018).
“[C]yberstalking is harassment via electronic communications.” Scott
v. Blum,
191 So. 3d 502, 504 (Fla. 2d DCA 2016). Section
784.0485(1),
Florida Statutes (2018), defines it as “engag[ing] in a course of conduct to
communicate, or to cause to be communicated, words, images, or
language by or through the use of electronic mail or electronic
communication, directed...
CopyPublished | Florida 3rd District Court of Appeal
...insurance claims and fee splitting with non-lawyers” in an insurance case in which
Mr. Font represented the insurer. BLO denies that these allegations have any basis
in fact.
5
In keeping with the statutory procedure in section 784.0485, a temporary
injunction for protection against stalking violence was issued on the day the
petition was filed, and the matter was scheduled for an evidentiary hearing and
consideration of a final judgment of injunction some fifteen days later....
...“aggravated stalking.”6 These are the definitions and offenses which establish the
predicate requirements for an injunction for protection against stalking or
cyberstalking. The procedure for prosecuting a cause of action for such an
injunction is detailed in section 784.0485.
The following excerpts from the definitions in section 748.048(1) are
applicable in the present case (with emphasis provided):
4 Mr....
...what you would like me to decide based on your pleadings”).
It must also be noted that the petition is misleading (whether intentionally or
not) in its use of the term “order of protection” in paragraph 4.d. of the petition
regarding “previous protection.” Section 784.0485(3)(d) requires that the petition
include, if applicable, information pertaining to any other “order of protection
issued against [the respondent] previously or from another jurisdiction, if known.”...
...Raulerson “that he
will cause her to lose her bar license and livelihood and reputation,” and his
repeatedly filing the affidavit of a former BLO client (as purported evidence of
insurance fraud by that client and BLO) could involve unprofessional behavior or
8 As used in section 784.0485, “the offense of stalking shall include the offense of
cyberstalking.” § 784.0485(1)....
CopyPublished | Florida 2nd District Court of Appeal
...appeal. Pursuant to Florida Rule of Appellate Procedure 9.200(f)(2)—which provides
that "[n]o proceeding shall be determined, because of an incomplete record, until an
opportunity to supplement the record has been given"—and bearing in mind that section
784.0485(6)(f), Florida Statutes (2016), requires that all proceedings related to petitions
for an injunction for protection against stalking be recorded, this court issued an order
directing Murphy to supplement the record on appeal with...
CopyPublished | Florida 4th District Court of Appeal
...2d 651 (Fla. 4th DCA
2008). Our affirmance is without prejudice to the appellant’s right to set
his motion to dissolve for hearing. We also note that the statute
contemplates a full hearing prior to the expiration of the ex parte
injunction. See § 784.0485, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2016 WL 1696560, 2016 Fla. App. LEXIS 6420
...Bailey, Judge; L.T. Case No. DVCE 15-2748
(63).
Leah H. Mayersohn of Mayersohn Law Group, P.A., Fort Lauderdale,
for appellant.
No appearance for appellee.
PER CURIAM.
An injunction against stalking was issued against Janet Feldman
under section 784.0485, Florida Statutes (2015). Feldman filed a motion
to modify or dissolve the injunction alleging, inter alia, changed
circumstances. See § 784.0485(10) (a party may move to modify or
dissolve an injunction at any time)....
CopyPublished | Florida 4th District Court of Appeal
...orts
the result, but the trial court failed to explain its reasoning”).
Moreover, the statute creating a cause of action for an injunction
against stalking does not require a trial court to provide any reasons for
its finding of stalking. See § 784.0485(6)(a), Fla....
