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"[Anti-Harassment] Injunctions Are Not a Remedy for Interpersonal Conflict"
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"[Anti-Harassment] Injunctions Are Not a Remedy for Interpersonal Conflict"
So reasons a Florida appellate court, though other courts in other states seem to take a different view.
Eugene Volokh | 4.30.2026 8:01 AM
From Carvajal v. Ferretti, decided yesterday by the Florida Court of Appeal, in an opinion by Justice Mark Klingensmith, joined by Justices Shannon Shaw and Johnathan Lott:
Wife and her husband separated in 2021 and initiated divorce proceedings in 2022. Girlfriend began a relationship with the husband in 2019, prior to the dissolution proceedings.
In October 2024, Wife filed a petition for an injunction for protection against stalking, alleging four categories of conduct occurring between August 2023 and October 2024:
August 2023 social media post: Girlfriend accused Wife of manipulating others, using her child to spy, and included language Wife perceived as threatening. 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. 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. 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 found the statutory requirements satisfied and entered a three-year injunction prohibiting Girlfriend from contacting Wife….
Section 784.0485(1), Florida Statutes (2024), authorizes injunctions for protection against stalking. "Stalking" occurs when a person "willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person." "Harass" means engaging in a course of conduct directed at a specific person that:
Causes substantial emotional distress; and Serves no legitimate purpose.A "course of conduct" is a pattern of conduct composed of a series of acts over time evidencing continuity of purpose….
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