Legal Question in Civil Litigation in Florida

When it comes to phone harassement is the crime committed from where the call was made from, or the location for the person the call was made to? The reason I am asking is because I live in Florida and my EX who has been calling my work and home lives in Indiana. I told her that if she didn't stop calling I would file a civil and a criminal suit against her. She is threatening to subpoena several people that live here in Florida for whatever reason so that she can possibly have the case heard in Florida instead of her hometown. Is this even possible? I'm beginning to think that her thinking is that if she has all these witnesses in Florida that the judge would side with her and say it doesn't make sense to have all these "witnesses" all come up to Indiana when it would be cheaper for her to just do it in Florida.


Asked on 10/07/09, 8:52 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Criminal charges may be pursued by prosecutors in FL. As a civil plaintiff, you would have the ability to choose where you file the suit (assuming proper jurisdiction of the court). It is unclear where you want to file the suit. I suppose if you wanted to file in Indiana, you could, but wouldn't that be horribly inconvenient for you? I would imagine that you would want to file in FL, so I don't understand why your ex's witnesses in FL have any bearing on the choice of court.

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Answered on 10/08/09, 7:58 am


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