Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In a tale of a failed business relationship which turned into a Florida stalking injunction, the case Fitzgerald v. Wong, 3D25-0583 (Fla. 3d DCA March 4, 2026) provides insight on what evidence is needed to support such an injunction.
Former business partner #1 filed a stalking injunction petition against former business partner #2. The appellate opinion notes evidence submitted at a final hearing “included emails and messages sent directly and indirectly by former business partner #2 to former business partner #1, her family, and her business and social acquaintances claiming former business partner #1 was a Chinese spy, identifying personal information of her minor children and husband, and threatening former business partner #1 with retaliation if she did not sign a non-disclosure agreement relating to their business dealings. Further, former business partner #1 testified that she felt threatened and experienced emotional distress.” An injunction was entered by the trial court and former business partner #2 appealed.
He argued on appeal that “because there was no actionable threat of physical violence, it’s all protected speech incapable of supporting an injunction.” The court disagreed, “But that’s not what this injunction is about. This isn’t a scandalous article in the newspaper, a false Yelp review, or the like. Instead, here, [former business partner #1] provided competent substantial evidence of a prolonged campaign of harassment through emails and other communication ‘directed at’ her, her family, and friends, ‘causing substantial emotional distress’ with ‘no legitimate purpose.’ § 784.048(1)(d), Fla. Stat.”
Nothing in this article is intended to be legal advice. For advice about your case, schedule a consultation with a Miami family law attorney.