Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a Florida stalking injunction is appealed, the appellate court reviews the order for competent, substantial evidence. Stalking is defined under the Florida Statutes as stalking as “willfully, maliciously, and repeatedly follow[ing], harass[ing], or cyberstalk[ing] another person.” Fla. Stat. Chp. 784.048(2). This was an issue in the case Castano v. Vega, 3D25-0275 (Fla. 3d DCA November 19, 2025).
A stalking injunction was entered in this case, and the accused stalker appealed. Without providing background information, the appellate court reversed, citing prior cases in support of reversal. The court held “Following review of the record, we conclude that the trial court’s findings are not supported by competent substantial evidence and reverse. The record before us is insufficient to establish the minimum requirements of stalking pursuant to Section 784.048, Florida Statutes.” The court cited Sutton v. Fowler, 332 So. 3d 1001, 1005 (Fla. 4th DCA 2021), among other cases, for the holding “In order to be entitled to a stalking injunction two separate instances of stalking must be proven by competent substantial evidence.”
Nothing in this article should be construed as legal advice. Schedule your meeting with a Miami family law attorney to determine how the law may apply to the specific facts of your case.