Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Whether a Florida stalking injunction petition states a cause of action is a question of law subject to de novo review on appeal. This was an issue in the case Odom v. Cole, 1D2025-2646 (Fla. 1st DCA April 8, 2026).
The former girlfriend in this stalking injunction case and her former boyfriend were in an on-again, off-again relationship. The boyfriend successfully sought a criminal charges against the girlfriend for domestic violence. The girlfriend was released from jail on the condition that she have no contact with the boyfriend. Despite this stay-away order in place, the girlfriend alleged the boyfriend was repeatedly contacting her, including directly and through third parties. She alleged some of his messages were menacing and that they caused her emotional distress during her pregnancy.. The court denied her petition without a hearing, holding she failed to allege sufficient facts to support entry of an injunction. The girlfriend moved for rehearing which was denied. She appealed.
The appellate court noted ““A denial of a petition for an ex parte injunction shall be by written order noting the legal grounds for denial.” § 784.0485(5)(b), Fla. Stat; Fla. Fam. L. R. P. 12.610(b)(3)(A). The denial here was a tautology lacking in explanation, denying the petitioner for failing to ‘allege facts sufficient to support the entry of an injunction for protection against stalking because the Petition lacks factual and legal sufficiency.’ That alone would be grounds to reverse and remand.” The court concluded “Moreover, the petition stated a cause of action for stalking. Multiple instances of harassment and cyberstalking were alleged. The allegation that Appellant was on pretrial release, subject to violating that release and committing a new crime if she had contact with Appellee, was sufficient to allege substantial emotional distress in an objectively reasonable person.” The case was remanded for an evidentiary hearing to take place.
This article is not legal advice. Schedule your consultation with a Miami family law attorney to determine the next best steps in your case.