My Ex-Spouse Is Constantly Harassing Me Online. I Live In Florida- Can I Get A Restraining Order Against Her For Her Behavior?
You may be able to get a restraining order (also called an injunction) for protection against cyberstalking if your ex is harassing you online. However, under the law, not just any type of bad behavior online will allow you to receive a restraining order.
In order to get an injunction against your ex for cyberstalking in Florida, your ex must commit a series of acts that communicate words, images, or language through email or other electronic communication that is directed at you, causing you substantial emotional distress and serving no legitimate purpose.
Therefore, under the definition, an angry email about something related to the children would probably not be considered cyberstalking - it probably served a legitimate purpose related to the children. However, if your ex posted threats to kill you and your family on your Facebook page, that would probably be considered cyberstalking.
In order to obtain an injunction against cyberstalking, you will file a petition in the circuit court located in the circuit where you currently live, where your ex lives, or where the stalking occurred. You may get a temporary injunction or a permanent injunction. A temporary injunction can be granted immediately, and is good for 15 days. A permanent injunction can last forever, or until it is modified.
As part of the injunction, a judge can order your ex to not commit any acts of stalking against you. The judge can also order any terms that are necessary for your protection, including orders directed at law enforcement. In a permanent injunction, the judge can order your ex to participate in treatment or counseling services.