LISA MARIE OLIN, APPELLANT,
v.
JEFFREY SHANE ROBERTS, APPELLEE
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The final judgment of injunction for protection against domestic violence is affirmed because the appellee presented sufficient evidence of battery and assault.
[1] Sufficient evidence of battery and assault supports a final judgment of injunction for protection against domestic violence.
[2] Filing reports and complaints to law enforcement agencies, even for harassment purposes, does not constitute harassment under section 784.048(1)(b), Florida Statutes, as…
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Join FLexlaw to unlock all legal intelligenceThe appellant challenged a domestic violence injunction, arguing insufficient evidence. The appellee alleged battery and assault. The court clarified …
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Appellant challenges the trial court’s final judgment of injunction for protection *842against domestic violence, due to the insufficiency of the evidence to support the injunction. Because the appellee presented sufficient evidence that he was the victim of domestic violence, specifically battery and assault, the final judgment is affirmed.
We write only to clarify that the definition of “domestic violence” does not include “stalking by law enforcement” or “stalking by use and threat of court.” In this case, it was alleged in the proceedings that one party frequently called law enforcement officers to complain about the other party merely for harassment purposes. However, the crime of “harassment” does not include filing reports and complaints to law enforcement agencies as a matter of law under section 784.048(l)(b), Florida Statutes, because constitutionally protected activities such as petitioning the government for redress are exempted from the definition. “A report to an arm of government, concerning a matter within the purview of the agency’s responsibilities, serves a ‘legitimate purpose’ within the meaning of section 784.048(l)(a), regardless of the subjective motivation of the reporter.” Curry v. State, 811 So.2d 736, 741 (Fla. 4th DCA 2002); Poindexter v. Springer, 898 So.2d 204 (Fla. 2d DCA 2005).
Because reporting a violation of law or an existing injunction, even with malicious intent towards the supposed violator, does not constitute harassment, it also cannot qualify as stalking for purposes of section 784.048, or domestic violence under section 741.28, Florida Statutes. Abuse of court processes and filing false reports with law enforcement are serious matters, to be discouraged indeed, or even prosecuted. However, the statutorily created actions for injunction against violence are not the proper remedies to sanction these acts. Unfounded reports to authorities or requests for judicial relief, even if repeated or for malicious purposes, do not support the entry of an injunction against domestic or other violence.
AFFIRMED.
PADOVANO and THOMAS, JJ., concur.
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Paulson v. Rankart, 251 So. 3d 986 (Fla. 1st DCA 2018)…fer substantial emotional distress), and McMath v. Biernacki, 3 The trial court properly disregarded Ms. Rankart’s complaints that Mr. Paulson contacted animal control and law enforcement concerning her dogs and outdoor lights. See Olin v. Roberts, 42 So. 3d 841, 842 (Fla. 1st DCA 2010) (holding that filing of reports and complaints to authorities does not constitute harassment). 776 So. 2d 1039, 1040-41 (Fla. 1st DCA 2001) (evidence that respondent had made several attempts to talk to petitioner and that…
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Wills v. Rashida Wills Jones, 213 So. 3d 982 (Fla. 1st DCA 2016)…ment.1 Yet our Court has said that even “[u]n-founded reports to authorities or requests for judicial relief, even if repeated or for malicious purposes, do not support the entry of an injunction against domestic or other violence.” Olin v. Roberts, 42 So. 3d 841, 842 (Fla. 1st DCA 2010) (holding that filing of reports and complaints to law enforcement agencies does not constitute harassment). Not all reports are valid; but many are for valid reasons. Thus, it bears noting that the statutory definition of ha…
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Curl v. Stacie L. Roberts, 279 So. 3d 765 (Fla. 1st DCA 2019)…t satisfy the statute. We have held that “[u]nfounded reports to authorities or requests for judicial relief, even if repeated or for malicious purposes, do not support the entry of an injunction against domestic or other violence.” Olin v. Roberts, 42 So. 3d 841, 842 (Fla. 1st DCA 2010); accord Wills v. Jones, 213 So. 3d 982, 985 (Fla. 1st DCA 2016). Appellee’s vague complaint that Appellant is too controlling is equally insufficient to support the injunction. Instead of providing evidence sufficient to sa…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Curry v. State, 811 So. 2d 736 (Fla. 4th DCA 2002)
- Poindexter v. Springer, 898 So. 2d 204 (Fla. 2d DCA 2005)