Posted by Nydia Streets of Streets Law in Florida Domestic Violence
According to Florida law, “Stalking” occurs when a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.” § 784.048(2), Fla. Stat. (2024). “Harass” is defined by the statutes as engaging in a course of conduct directed at a specific person that: 1. Causes substantial emotional distress; and 2. Serves no legitimate purpose. This was an issue in the case Carvajal v. Ferretti, 4D2024-3293 (Fla. 4th DCA April 29, 2026).
A husband and wife separated. Before they began their divorce proceedings, the husband began dating another woman, his girlfriend. The wife filed a petition for a stalking injunction, accusing the girlfriend of harassing her. This was based on the following incidents cited in the appellate opinion:
1. August 2023 social media post: Girlfriend accused Wife of manipulating others, using her child to spy, and included language Wife perceived as threatening.
2. February 2024 social media post: Girlfriend again accused Wife of stalking behavior, tagged Wife’s workplace, and warned others about her. Wife testified this led to a meeting with her employer.
3. October 16, 2024 text message: Girlfriend contacted Wife regarding a child support payment being sent via Zelle and requested identifying information. Wife provided the information and confirmed receipt through a court-approved communication application.
4. October 23, 2024 communications: Following an incident involving Wife’s cousin, Girlfriend sent Wife a series of messages calling her derogatory names, accusing her of stalking, and telling her to stay away. When Wife blocked her number, Girlfriend resent the same messages via WhatsApp and email within minutes and referenced possibly appearing at Wife’s workplace.
The trial court entered an injunction against the girlfriend and she appealed.
The appellate court first noted “The October 23, 2024 communications—sent via text message, WhatsApp, and email—were transmitted within minutes, contained substantially identical content, and arose from a single triggering event.” It went on to find “The remaining alleged acts do not combine to form a second qualifying instance of ‘harassment.’ The August 2023 and February 2024 social media posts were separated by months and were reactive in nature. The posts do not demonstrate the continuity of purpose required to establish a course of conduct. See § 784.048(1)(b), Fla. Stat. (2024). The October 16, 2024 communication concerned child support and was unrelated in purpose to the earlier posts. Communications about financial support for a child constitute conduct with a legitimate purpose and are analytically distinct from alleged harassment. See Reid v. Saunders, 282 So. 3d 151, 152 (Fla. 1st DCA 2019). Thus, these incidents are discrete and disconnected, not part of a unified course of conduct.”
The court further found that although the wife testified “that she felt frightened, lost sleep, and experienced anxiety as a result of Girlfriend’s conduct” this did not meet the substantial emotional distress requirement. The court further held “Here, the record demonstrates that the communications at issue, even if contentious or poorly worded, were not undertaken without purpose. Rather, the communications were rooted in identifiable, legitimate objectives falling outside of section 784.048’s definition of ‘harassment.’”
The court concluded “A practical dimension also exists. Courts are institutions designed to resolve legal disputes, not to manage ongoing personal relationships. If injunctions were available whenever a relationship deteriorated into hostility, the judicial system would become a forum for supervising human behavior at its most personal level. Courts are not in the business of monitoring arguments, policing tone, and adjudicating grievances that, while real, are not legal violations. The law resists this role. Instead, the law intervenes only when conduct crosses a defined threshold into repeated, harmful, and unjustified behavior. “
This article is not legal advice. Schedule a consultation with a Miami family law attorney to determine the next best steps in your case.