Is Hacking Your Spouse’s Email Account Equivalent to “Domestic Violence” in Florida?

A husband discovered that his wife had accessed his email account and, according to him, she also threatened to shoot him.  So he sought a domestic violence injunction.  Ultimately, it appears that there was no evidence that the wife made the threat about the gun however, at the hearing, she admits to accessing the email account, making copies of some emails, and filing some of the information with the court.  The trial court likened the admitted behavior to cyberstalking and entered the domestic violence injunction.

But is accessing an email account the same as domestic violence?  In Florida, an injunction against domestic violence has to be premised upon some threat of imminent violence, which excludes mere uncivil behavior that causes distress or annoyance.  The First District concluded that the wife engaged in “improper behavior” but that it did not constitute domestic violence.  More specifically, the single episode of accessing a spouse’s email account did not meet the standards for harassment, stalking or even cyberstalking.

The First District’s opinion in Cheryl Young v. Michael Young is here.

For further examination of the issue, the only brief filed in the case is here.

law & order
Trump v. Vance: Initial Breakdown of the November 2, 2019 Second Circuit Opinion re: Production of Tax Returns

The Second Circuit issued its opinion this morning in Donald J. Trump v. Cyrus Vance, Jr. in his capacity as District Attorney of the County of New York and Mazars USA, LLP. You can find the 34-page opinion here. The following is an initial, rough outline of the court’s opinion. …

4th Amendment
When Can You Withdraw Consent for a DUI Blood Draw in Florida? (Florida v. Jennifer Ivie)

A Florida driver was involved in an accident, taken to the hospital, and interviewed by police who were conducting a DUI investigation. The officer spoke with the driver, advised her of her Miranda rights, conducted at least one visual test, and otherwise detected signs of intoxication. The officer asked the …

1st Amendment
“Valid Grounds for Employment Action” Deemed Not Enough for Stalking Injunction under F.S. 784.048 (Klenk v. Ransom)

Florida’s First District Court of Appeal held today that a respondent’s behavior may be enough for an “employment action” (presumably, for termination due to sexual harassment) but, in this case, was not enough for the “exacting standard” for an injunction against stalking under Florida Statute 748.048. The case is Joseph …