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

Being accused of domestic abuse or violence could be very difficult to overcome, and anyone charged with domestic violence knows that they will be facing an uphill battle. But a successful claim of self-defense could help reduce the charge or even eliminate it.

Claiming self-defense in domestic violence cases is fairly common. But the rules surrounding the circumstances in which an individual could defend themselves and the degree of physical force they would be legally allowed to use could be very confusing. Also, self-defense is considered a statutory defense in most states but could be expanded or modified by courts based on specific circumstances.

It’s important to note that domestic abuse isn’t about gender, size, or strength. It is really about power, control, and abuse. Likewise, preventing or stopping dangerous, even fatal, situations, whether you are a woman or man trapped in an abusive situation, is a basic human right. Take note that domestic violence occurs in same-sex relationships as well.

What Exactly is Self-Defense?

Self-defense is generally a defense grounded on justification. Basically, it focuses on the defendant’s actions and argues that the offense should be exempt from criminal liability. Self-defense claims can be used for homicide, battery, assault, and yes, domestic violence cases since they always entail the use of physical force.

In general, for your self-defense claim to be considered justifiable, you must have utilized physical force in response to an imminent threat of severe bodily harm or death. In this instance, your actions will be considered protective. However, your defense will only be deemed legal if you were faced with an imminent, unprovoked attack, and it was objectively reasonable that your actions were necessary to stop or avoid the attack. 

In certain situations, a defendant, who’s also the initiator of the domestic violence incident, could still claim self-defense. For example, if the alleged victim utilizes excessive and unreasonable force against the defendant or if the alleged victim continues to pursue the defendant after the defendant attempts to withdraw from the physical confrontation.

The Elements of a Successful Self-Defense Claim

For a self-defense claim to succeed, the following elements must be satisfied:

·        With certain exceptions, a defendant should provide undeniable proof that she or he did not provoke the attack.

·        The defendant must prove that he or she was threatened with imminent death or serious injury.

·        The defendant should prove that the amount or degree of physical force used was reasonable under the specific circumstances of the incident.

·        The defendant must provide proof that she or he feared dying or getting seriously injured, and the only way out of the situation was self-defense.

Get Legal Help from a Criminal Defense Lawyer Today

Call the Cohen Law Offices at 715-514-5051 or reach out to us online to schedule a free evaluation of your domestic violence case. A domestic abuse conviction carries severe consequences, so if you’ve been charged with or have been arrested for domestic violence, consult with a criminal defense lawyer immediately. Our experienced lawyers can figure out the strongest and most suitable defenses to help ensure the best possible results for your case.