Can You Claim Self-Defense in a Domestic Violence Case?

An argument that occurs between family members or members of the same household can quickly result in criminal charges, even when you are simply defending yourself. Whether you can argue self-defense in your domestic violence case depends on many important factors. You and your Fort Lauderdale domestic violence lawyer must present strong evidence to establish  certain elements of your case. Below, one of our Fort Lauderdale domestic violence lawyers explains what these are.

Reasonable Fear of Harm 

Under the law, you must show that you had a genuine reason to believe that you were in danger of being harmed. The belief must be fairly reasonable given the circumstances. For example, your spouse may have a history of domestic violence. The two of you may get into an argument during which they clench their fists and block the doorway so you cannot leave. If they have exhibited this threatening behavior, or worse, in the past, it may be enough to instill a reasonable fear of harm.

Response is Proportional 

The amount of force you use must equal the threat level you faced. If the force you use is considered excessive, it can diminish your claim of self-defense. For example, if your spouse attempts to hit you and your response is to push them away, that is likely a proportional response. If, on the other hand, you hit them repeatedly with a weapon such as a baseball bat, this is likely considered excessive force and may invalidate your claim of self-defense.

You Were Not the Aggressor 

If you were the aggressor, meaning you initiated the violence, you cannot claim self-defense. For example, if you and your spouse got into an argument and you shoved them, you  would not be able to claim self-defense because you were the aggressor. On the other hand, if your spouse threatened to hit or harm you, and you felt it was necessary to shove them to defend yourself, then the claim of self-defense may be effective because you were not the aggressor even though you were the first one to take physical action.

You Could Not Safely Withdraw 

The Stand Your Ground law in Florida does not require you to try and retreat when using force to defend yourself. However, it may strengthen your case if you can show that you could not safely withdraw. For example, your partner may punch you but you know leaving would mean leaving small children behind who may be in danger if you left. In this instance, deciding to stand your ground and defend yourself may be justified.

Our Domestic Violence Lawyers in Fort Lauderdale Can Help You Beat Your Charges 

There are many defenses available in domestic violence cases. At Haber Blank, LLP, our Fort Lauderdale domestic violence lawyers can review the facts of your case and determine which defense strategy to use to give you the best chance of a successful outcome. Call us now at 954-767-0300 or chat with us online to schedule a consultation and to get the legal help you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html