If you’ve been served with a Petition for Injunction for Protection against Stalking, sometimes referred to as a “restraining order”, there’s good news for you. A recent case from the First District Court of Appeal has made it harder to get a stalking injunction.
In Venn v. Fowlkes, 43 Fla.L.Weekly D2455 (Fla. 1st DCA 2018) Mr. Venn filed a Petition for Protection Against Domestic Violence against Ms. Venn with whom he shared a child from their 15 year relationship. Mr. Fowlkes’s Petition alleged Ms. Venn stalked and harassed him 24/7 at his work and home, and harassed him by filing a child support case. The allegations included that Ms. Venn called Mr. Fowlkes numerous times without leaving a message; knocked on the door of his house and ran; created problems at the restaurant where he works; claimed to have many pictures of him and his wife; called and bothered Mr. Fowlkes’s brother; claimed to be in fear of Mr. Fowlkes; and told a third-party that she would “get the crackers on [him].” Claiming to be “tired of [Ms. Venn’s] games, [her] stalking, [and her] harassment through the child support case,” Mr. Fowlkes’s Petition requested the trial court to stop it immediately by granting him an injunction.
At the injunction hearing, Mr. Fowlkes testified the allegations in his petition were true and correct. He provided no further substantive testimony. Ms. Venn objected to the injunction and testified she had legitimate reasons for visiting Mr. Fowlkes’s workplace and home. For example, Ms. Venn informed the court she had gone to the restaurant several times with the parties’ minor daughter, at the daughter’s request and after Mr. Fowlkes had invited the daughter to eat there. Ms. Venn also acknowledge placing something in Mr. Fowlkes’s mailbox related to her child support case against him. Ms. Venn contended Mr. Fowlkes’s petition was filed in retaliation for her having filed a child support case against him. Continue reading