Where Do I File a Domestic Violence Petition in Florida?

If you are the victim of domestic violence, or reasonably believe such violence is imminent, you have the right to seek an injunction against the person abusing or threatening you. The process begins with filing a petition for an injunction with a Florida Circuit Court. Under Florida law, such petitions may be heard in the circuit “where the petitioner currently or temporarily resides, where the respondent resides, or where the domestic violence occurred.”

Florida Appeals Court Disqualifies Judge for Improper Bias

Domestic violence injunction hearings often come down to the judge’s assessment of each party’s credibility. This is inherently subjective. Yet one thing a judge cannot do is punish a party for exercising their legal right to file a petition in the proper venue.

This issue came up in a recent decision from the Florida Fifth District Court of Appeal, Meredith v. Meredith. In this case, a wife filed a petition for a domestic violence injunction against her husband. In the petition, the wife claimed that, after informing the husband that she wanted a divorce, he “yelled profanities and threw things against the wall” before throwing a diaper bag at her.

At the time of this incident, the husband and wife lived in Pinellas County. Shortly afterwards, the wife relocated to Duval County, where she filed her petition.

For some reason, this did not sit well with the judge assigned to hear the petition. During a hearing, the judge repeatedly brought up the fact that the alleged domestic violence occurred in Pinellas County. At one point, the judge said, “This feels very tactical,” referring to the couple’s pending divorce, and, “I don’t know why Duval County should waste its resources on something that really should be dealt with in Pinellas County.”

The judge ultimately denied the wife’s petition, stating the wife’s credibility was “completely lacking.” The wife asked for a new hearing, arguing the judge “unfairly penalized her” for filing her petition in Duval County, which she was entitled to do by law. She also moved to disqualify the judge for bias. Perhaps not surprisingly, the judge denied both motions.

The Fifth District, however, agreed with the wife that the trial judge’s actions were improper and warranted disqualification. The appellate court said the judge’s remarks during the hearing “would cause a reasonable person to conclude that he prejudged the case based on where Wife filed her petition.” The judge’s role was not to second-guess where the wife legally filed her petition. It was to evaluate the evidence regarding domestic violence. Accordingly, the wife was entitled to a new hearing before a different judge in Duval County.

Contact a Miami Domestic Violence  Lawyer Today

In any legal proceeding, all parties have the right to fair treatment from the court. By working with an experienced Miami domestic violence attorney, you can have an advocate who will protect this right. Contact Hamilton O’Neill today at 305-371-3788 to schedule a consultation with a member of our team.

Source:

scholar.google.com/scholar_case?case=10509881586869252941