Posted by Nydia Streets of Streets Law in Florida Domestic Violence
To obtain an injunction for protection against sexual violence in Florida, the statutes require specific steps to be taken by the petitioner. Those steps include reporting the sexual violence to a law enforcement agency and cooperating in any criminal proceeding against the respondent, “regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney”. § 784.046(2)(c), Fla. Stat. This was an issue in the case Kuschnitzky v. Marasco, 1D2022-1751 (Fla. 1st DCA November 29, 2023).
The petitioner testified in this case that she made a phone call to the police department to report the alleged sexual violence. She did so anonymously, and requested information on options available to her. She declined to make a full report and told the officer she would call back if she wanted to make a full report later. She never called back. The officer testified that nothing was recorded in compliance with the caller’s request to remain anonymous. The trial court nonetheless entered an injunction against the respondent, who appealed.
The appellate court held the anonymous call by petitioner to the police did not satisfy statutory requirements. Citing the need to read the statutory requirement in the context of the full text of the statute, the appellate court held “Next, we consider the context of the term ‘report’ within the statute and conclude that it also suggests a formal action must be taken to trigger the relief it offers. The legislature required a petitioner to have ‘reported the sexual violence to a law enforcement agency.’ §784.046(2)(c), Fla. Stat. This phrase anticipates that the person reporting the violence would have initiated a full, official report with law enforcement. The phrase is followed by, ‘and is cooperating in any criminal proceeding against the respondent.’ Id. This demonstrates that the kind of report contemplated is one that operates in furtherance of a criminal proceeding. An anonymous phone call cannot meet this requirement. If an anonymous call were sufficient, it would render the statute’s cooperation requirement meaningless.” The court concluded the petitioner lacked standing to file the petition and ordered the injunction to be vacated.
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