Erica Lynn Odom v. James Calas Cole

Crawfordville, Florida, family law lawyer represented the Plaintiff seeking a protective order.

Plaintiff’s petition alleged that she and Defendant had been in an on-again, off-again relationship and had lived together. She
also alleged that after an argument with Defendant, called the police to their residence resulting in Plaintiff being charged with domestic violence battery. Plaintiff alleged that she was released from jail with the condition that she have no contact with Defendant.

She alleged that the Def endant “keeps harassing me and cyberstalking me by sending a multitude of text messages and
calling my cell phone which I do not answer.” She alleged that “[s]ome of his messages are menacing” and that the persistent
contact has caused her emotional distress during her pregnancy.

Stalking injunctions are governed by section 784.0485, Florida Statutes (2025) and rule 12.610, Florida Family Law Rules of Procedure. Section 784.0485(1) creates a cause of action for a stalking injunction. Stalking is committed when the perpetrator
“willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.” § 784.048(2), Fla. Stat. “‘Harass’ means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and
serves no legitimate purpose.” § 784.048(1)(a), Fla. Stat. While “cyberstalk” is defined in part as meaning [t]o engage in a course of conduct to communicate, or to
cause to be communicated, directly or indirectly, words, images, or language by or through the use of electronic mail or electronic communication, directed at or
pertaining to a specific person . . . causing substantial emotional distress to that person and serving no legitimate purpose.

Reversed