Kuschnitzky v. Marasco
The First DCA reversed a final judgment of injunction for protection against sexual violence, holding that the petitioner's anonymous phone call to police—in which she declined to make a full disclosure and no names were recorded—did not satisfy the statutory requirement under section 784.046(2)(c)1. that the petitioner have "reported the sexual violence to a law enforcement agency." Because the reporting condition was unmet, the petitioner lacked standing. Judge Kelsey dissented, arguing that a report generating an incident report number is all the statute and supreme-court-approved family law form require.
Key facts
- Petitioner sought an injunction for protection against sexual violence after making an anonymous phone call to police in which she declined to provide full disclosure and no names were recorded.
- The trial court entered a final judgment granting the injunction for protection against sexual violence.
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Why it matters
This is apparently the first Florida decision construing the "reported to a law enforcement agency" standing precondition in section 784.046(2)(c)1., and it sets a substantive bar—an anonymous or informal inquiry to… — full analysis with a trial
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