Local South Florida Attorney Office

Former Lead Attorney in the Broward County, Florida. Public Defenders Office

Former Lead Attorney in the specialized Domestic Violence Court in Florida.

Practicing Law for over 17 years in South Florida.

Admitted to practice in: All Florida & Tennessee State Courts

Member of the Florida & Tennessee Bar

Broward County Bar & American Trial Lawyers Association

Florida & Tennessee Association's of Criminal Defense Lawyers

Quick Links For Domestic Violence Information

Brief View on Domestic Violence || Domestic Violence Legal Definition || Brief View on Domestic Violence
Domestic Violence - When you need an Attorney || No Contact Orders || Domestic Violence effect on firearm possession

Brief view on Domestic Violence

As a former Supervisor in the Domestic Violence Unit (DMV) with the Public Defenders Office, I was quick to learn how important it is for an attorney to get involved early in a domestic violence case in Florida. It was apparent how many cases did not belong in the Domestic Violence courts, how a law in the wrong hands could become a weapon. How it was used for divorce situations, immigration matters as well as the simple call for a cop to help settle an argument which resulted with the loved one going to jail with the caller pleading NO. Many times without the showing of any type of battery or assault. Gone are the days of sending a domestic violence suspect over to a friend or relatives house to �cool off.�

The O.J. Simpson prosecution brought enormous attention to the Domestic Violence charge and the subsequent public and media pressure demanded change. Domestic violence came under the intense scrutiny by the country as well as the Florida Legislature. Law enforcement developed new policies all centering on liability. The phrase arose, "if you call about domestic violence, someone is going to jail". The court system created specialized domestic violence divisions and the state staffed the divisions with domestic violence trained prosecutors. The inmate�s calls now get monitored, with the state even going to the extent of getting the phone calls taped and transcribed for use in court.

A few years back in July of 2001, the legislature implemented a law which automatically causes a second domestic violence offense to be treated as a felony.

Do not think you can go this alone. Do not think that if the victim asks that the domestic violence case will be dropped that the state attorney will drop the case. Do not think that if the victim says they will not cooperate that the state will drop the domestic violence charge, the state can and often will pursue a case with or without a victims cooperation. The state attorney does not treat this as crime against a person; they treat domestic violence as a crime against the state of Florida.

I have handled 100�s of Domestic Violence cases for individuals accused. They have resulted in acquittals, case�s not being filed, charges being reduced, children and spouses reunited with their loved one and help for those who seek it. In addition, I have also represented the victims who by calling the police truly themselves became victims with the unwanted result of their loved one being taken away in handcuffs. I have helped them seek contact and convince the state to dismiss the charges.

Call Jeff at 954-768-0988 | Toll Free 1-800-403-2056
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Domestic Violence Legal Definition

(1) 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 the domestic violence court (DMV), lets see what makes up the charge. 784.03 Battery; felony battery

(1) The offense of battery occurs when a person:
a. Actually and intentionally touches strikes another person against the will of the other; or
b. 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.

Call Jeff at 954-768-0988 | Toll Free 1-800-403-2056
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Domestic Violence - When you need an Attorney

An experienced attorney dealing with Domestic Violence cases can help you with early immediate intervention. Even though the cops may have a �zero tolerance� policy, prompt intervention by an attorney experienced with the criminal justice system may convince the prosecutor to decline to prosecute you. Here are some brief factors that can make a difference:

Either lack of injury or the minor nature of the injuries involved.
Was medical attention required or sought by the victim.
Prior criminal history and nature of the past offenses.
Was alcohol or drugs involved.
The feelings of the victim.
Were any children present at the time the incident occurred.
Who and why were the police called to the scene.
Is there a divorce proceeding pending.
Is there child custody battle.
Are there any immigration issues.
Are there accusations of infidelity.
Have the police been called to the residence before.
The victim wants the domestic violence charges dropped, call me and I will make sure the court knows, the state knows and there is a record of the request.

Call Jeff at 954-768-0988 | Toll Free 1-800-403-2056
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No Contact Order

What does a no contact order mean, exactly that, NO CONTACT. No direct or indirect contact. Sometimes a court may make a special exemption, but very rarely. Does it matter if the victim is the one that is doing the contacting, the answer is NO.

CONTACT = VIOLATION

This order can cause many hardships on all family members. Many people are barely making it together with both incomes combined without having to suddenly incur the new expense of a second living location. Stress is put on the marriage, stress on the children, bills are not getting paid, spouses never wanted this, there is no fear, what can be done?

If a �no contact� order has been made in your case, an attorney can go to court on your behalf and request to have the order modified. If the "motion to modify conditions of release" is granted, you will be allowed to once again have lawful contact with the alleged victim or defendant. Getting the order modified is essential in avoiding a subsequent arrest for violating the "no contact" provision. It may also be viewed as a first step toward reconciliation between the parties.

Do not make the mistake of thinking you can be together without anyone finding out. Car accidents happen, an officer could stop by, the state could send out a plain clothed investigator, a neighbor could call the cops on you. Do not take the chance, you could end up with a new charge and a new case facing up to 1 year in jail.

Call Jeff at 954-768-0988 | Toll Free 1-800-403-2056
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Firearm Possession

If you are convicted of a Domestic Violence (DMV) charge, you will not be able to possess a gun. A condition of your bond or pre-trial release will be that you surrender all firearms in your possession.

For Police Officers, Security Guards and others who need a gun for work purposes, it could directly effect your employment. If you enjoy hunting or feel safer with the ability to protect yourself, family or home with a firearm, you will lose that right.

The State Attorney has started filing motions requesting that the Judge order that you surrender your Concealed Weapon or Firearm License, before the conclusion of your case. Yes, all without a firearm even being mentioned in the facts of your case.
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Were you or a love one arrested for Domestic Violence

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. - Florida Domestic Violence Attorney

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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