Santiago v. Leon
A father obtained a permanent stalking injunction on behalf of his minor child against his ex-partner based on tattoos, social media posts referencing the child, mailed packages, emails to the father, and appearances at the same restaurants and outside the home. The Third District reversed, holding there was no competent substantial evidence that the respondent willfully, maliciously and repeatedly followed, harassed, or cyberstalked the child under section 784.048.
Key facts
- Father petitioned for a permanent stalking injunction on behalf of his minor child against his ex-partner, citing tattoos, social media posts referencing the child, mailed packages, emails to the father, and appearances at restaurants and outside the home.
- The trial court granted the permanent stalking injunction based on allegations of willful, malicious, repeated following, harassment, and cyberstalking of the child.
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Why it matters
The opinion is a useful compilation of Florida law limiting stalking injunctions, particularly the rule that social media posts must be directed to the target 'by delivery, not by content,' and that a minor child's lack… — full analysis with a trial
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