Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When should a judge be disqualified from presiding over a Florida family law case? Florida law holds “Although a judge may form mental impressions and opinions during the course of hearing evidence, he or she may not prejudge the case.” Minaya v. State, 118 So. 3d 926, 929 (Fla. 5th DCA 2013). Disqualification of a judge was an issue in the case Meredith v. Meredith, 5D2025-0873 (Fla. 5th DCA September 26, 2025).
The wife in this domestic violence case sought an injunction alleging the husband swung a piece of furniture at her and their child, threw things against a wall, and hit her with a diaper bag. These events were alleged to have occurred in Pinellas County, and the wife moved to Duval County where she filed her petition for an injunction.
At a hearing on the petition, the trial court repeatedly expressed opinion that the wife erroneously and with ill intent filed her petition in a different county from where the alleged incidents occurred. The appellate opinion notes: “At the close of evidence, the judge announced that he would not hear arguments. He said that ‘every step along the way makes me feel like this Court is being used as a pawn in a game to gain a tactical advantage in an impending divorce.’ He reiterated that he was ‘being used as part of a strategic decision’ and that Wife’s credibility was ‘completely lacking.’ He added, ‘And, God, I hope the family law Court takes that into consideration once they finally get this case, but the evidence is absolutely insufficient and incredible to issue an injunction for this.’ He dismissed Wife’s petition.” The wife moved for rehearing and disqualification which were both denied by the judge and she appealed.
Because the appellate court agreed with the wife that the judge should have been disqualified, it did not reach the other issues in her appeal. Citing the standard for disqualification, the appellate court noted “A party may seek disqualification when ‘the party reasonably fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge.’ Fla. R. Gen. Prac. & Jud. Admin. 2.330(e)(1).”
The court reasoned “The judge’s remarks—including those about Duval County wasting resources and his hope that a divorce court would hold Wife’s petition against her in the future—would cause a reasonable person to conclude that he prejudged the case based on where Wife filed her petition. Because the motion was legally sufficient, the judge should have granted it.” The court concluded “As Wife noted at the hearing, the domestic violence injunction statute allows a petition to be ‘filed in the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the domestic violence occurred.’ § 741.30(1)(j), Fla. Stat. (2025) (emphasis added). ‘There is no minimum requirement of residency to petition for an injunction for protection.’ Id. The judge’s criticism was also at odds with the testimony of Husband and Wife, who explained the good faith basis for Wife’s move to Duval County. The judge should not have viewed Wife’s petition with a jaundiced eye based on where she filed it. Instead, he should have evaluated whether she proved that she was a victim of domestic violence. See § 741.30(6)(a), Fla. Stat.”
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