Posted by Nydia Streets of Streets Law in Florida Domestic Violence
One of the important elements in pursuing a stalking injunction in Florida is to show that the complained-of behavior does not serve a legitimate purpose. This means to show that the person accused of stalking has no reason to follow someone or otherwise contact them. This was an issue in the case Smith v. Horta, 3D24-139 (Fla. 3d DCA October 2, 2024).
This appellate opinion does not provide any background information. It appears the appellant may have appealed the denial of his petition for injunction against stalking. The appellate opinion affirms the trial court’s order, holding “Affirmed. See Pickett v. Copeland, 236 So. 3d 1142 (Fla. 1st DCA 2018) (Petitioner must demonstrate that the course of inappropriate conduct alleged as stalking, of which he complains, serves no legitimate purpose.)”
Schedule your meeting with a Miami family law attorney to understand how the law may apply to your case.