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Former Lead Attorney in the Broward County Public Defenders Office
Former Lead Attorney in the specialized Domestic Violence Court
Practicing Law for over 17 years
Admitted to practice in: All Florida & Tennessee State Courts
Member of the Florida & Tennessee Bar
Broward County Bar Association & American Trial Lawyers Association
Florida & Tennessee Association's of Criminal Defense Lawyers
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Domestic Violence Legal Definitions
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First we have to determine why we are in a court called Domestic Violence court (DMV). Why are certain battery
charges not in the Domestic Violence Division? The answer is found in Florida statute 741.28(2), its called
Domesticity.
(2) "Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual
battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical
injury or death of one family or household member by another family or household member.
(3) "Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who
are presently residing together as if a family or who have resided together in the past as if a family, and persons
who are parents of a child in common regardless of whether they have been married. With the exception of persons who
have a child in common, the family or household members must be currently residing or have in the past resided
together in the same single dwelling unit.
Now that we know how the case ended up in DMV, lets see what makes up the charge.
784.03 Battery; felony battery
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any
second or subsequent battery commits a felony of the third degree.
For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or a trial,
regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
You ask, but I'm not charged with battery? Look back under the meaning of Domestic Violence to see the other charges
listed. I would be happy to discuss those charges with you.
I would like to speak with you!
I'll gladly talk with you over the phone or in person for free. I'll help you understand what decisions you face -- what could happen if your case goes to trial -- and what I can do to defend you and protect your rights.
Call Jeff at 954-768-0988
Toll Free 1-800-403-2056
Law Office of Jeffrey N. Ivashuk, P.A. - Domestic Violence Attorney
Attorney at Law
727 N.E. 3rd Avenue, Suite 201
Fort Lauderdale, FL 33304
Phone 954-768-0988 " Toll Free 1-800-403-2056
Contact me today!
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