Is your domestic violence charge self defense?

On Behalf of | Nov 7, 2019 | Domestic Violence

A domestic violence case in Florida is never simple. Domestic violence cases usually involve highly emotional circumstances and messy trials. Tempers can flare between both partners. In situations where one person faces false allegations of domestic violence, it can be difficult to prove what really happened. What constitutes self-defense in a domestic violence situation?

Domestic violence is abusive behavior in a relationship. This involves physical abuse and assaults such as hitting, punching, shoving, hair pulling and any other physical contact that causes harm to your partner. In addition, domestic violence may refer to psychological and emotional abuse. In some cases, you do not have to physically strike another person to face allegations of domestic violence. A threat is enough to charge a person with domestic violence.

The Florida Statutes have very clear rules on what constitutes self-defense. You can use force when you believe that it is necessary to defend yourself against another person’s force. For instance, if your spouse or partner threatens you with violence or uses violence against you, you can defend yourself against him or her. The aggressor’s threat has to be imminent. If your partner threatens you, you do not have the duty to retreat.

If you have fear of great bodily harm, you can defend yourself. To fight back against your partner or to attack to save yourself when in clear danger from your partner is not a criminal offense. When it is true self-defense, you have immunity from criminal persecution.

The above article is to inform on domestic violence and self-defense. It is not legal advice.


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