Domestic Violence & Florida’s “Stand Your Ground” Laws

Florida’s notorious “Stand Your Ground” law was added to its laws in 2005, allowing someone who reasonably believes they are about to be the victim of someone else’s use of force to defend themselves without retreating. If you have been involved in a domestic dispute, and you used force to defend yourself, the law may save you from conviction – but it may also be unfairly used against you. The right attorney to help you can make all the difference.

No Duty To Retreat

The state’s “stand your ground” law holds that if you have a reasonable belief that you are about to be the victim of someone else’s “imminent use of unlawful force,” you have the right to use force to repel them from your home without being required to retreat first – but that force must be proportional. For example, if your neighbor breaks down your door, and they do not have permission to be in your house, you have the right to use non-deadly force to attempt to expel them.

If you have a good-faith, reasonable belief that you are about to become a victim of deadly force, you do have the right to use deadly force in return – but you must be able to demonstrate clear evidence of that belief (though not necessarily of the other person’s deadly intent). In other words, your assailant may not have actually planned to kill, but if a reasonable person would assume they did, deadly force may be seen as justifiable.

Domestic Violence Complicates Matters

In a domestic violence case, ‘stand your ground’ can save a life, or it can complicate a case. This law can often apply to either or both parties in a domestic dispute, but it is important to keep in mind that in many situations, both parties have the right to be in the home. If both parties have a right to be in the home, ‘stand your ground’ does not generally apply.

That fact notwithstanding, ‘stand your ground’ is often more effective if a victim has obtained a domestic violence injunction (DVI) against their alleged abuser. In this type of situation, a person with a DVI against them cannot generally contact their victim, and is often not permitted to be in the same residence with them. Thus, a visit to the alleged victim’s home would actually be a crime, and the victim would have the right to use proportional force to eject their abuser from the premises.

Contact A West Palm Beach Domestic Violence Attorney

If you have been involved with a domestic dispute, and one or both of the participants used force against the other, it is a good idea to see if the ‘stand your ground’ law applies. It can change the entire tenor of the case. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help you decide what your best options are. Call our office today at (561) 721-0552 to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.013.html