According to Florida case law as of the date of this article, frequently called law enforcement officers to complain about another party merely for harassment purposes is not domestic violence:
“the crime of “harassment” does not include filing reports and complaints to law enforcement agencies as a matter of law under section 784.048(1)(b), Florida Statutes, because constitutionally protected activities such as petitioning the government for redress are exempted from the definition. “A report to an arm of government, concerning a matter within the purview of the agency’s responsibilities, serves a ‘legitimate purpose’ within the meaning of section 784.048(1)(a), regardless of the subjective motivation of the reporter.” Curry v. State, 811 So.2d 736, 741 (Fla. 4th DCA 2002); Poindexter v. Springer, 898 So.2d 204 (Fla. 2d DCA 2005).
Because reporting a violation of law or an existing injunction, even with malicious intent towards the supposed violator, does not constitute harassment, it also cannot qualify as stalking for purposes of section 784.048, or domestic violence under section 741.28, Florida Statutes.”
See: Olin v. Roberts – 42 So.3d 841 (2010)
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