Domestic Violence & The “Duty To Retreat”
As of 2023, 28 U.S. states (including Florida) and Puerto Rico had laws known as “stand your ground” laws, which echo the common-law “castle doctrine” in eliminating any duty to retreat from a violent home invader. One of the areas of law where “stand your ground” is perhaps most relevant is in discussing crimes of violence – many different criminal cases have hinged on whether or not an abuse victim had the right to use force in self-defense against an alleged abuser. If you find yourself in this situation, it is crucial that you properly understand the law.
Force Is Permitted – But Proportional
Domestic violence is an umbrella term in Florida law – rather than having one single crime labeled ‘domestic violence,’ the legislature instead chose to define it as a broad category that includes any criminal offense that results in “physical injury or death” to a person who has a specific relationship to the perpetrator. So, for example, if a person committed battery against their spouse or another person “residing together as a family,” they would face domestic battery charges.
A person who has a reasonable belief that they are in imminent danger of being harmed by the use of “unlawful force” has the right to defend themselves – but it is important to remember that the force used must be proportional, even in Florida. The law specifically states that deadly force may only be used if a person “reasonably believes” they are in danger of imminent death. ‘Reasonable’ has no specific definition in this case, but you and your attorney must be able to demonstrate what you believe was reasonable if your case ever comes to court.
The Stakes Are High
Along with the right to use proportional force, at least under Florida law, “stand your ground” means that no duty to retreat exists in a dangerous situation. In the U.S. states without these laws, a person must retreat to a safe place (instead of using force) if it is possible to do so safely. Florida lacks this requirement, which means that while a person may act definitively to protect their home, they may also be at risk of harm as a situation where force is involved is much more likely to turn volatile.
If you have been involved in a domestic dispute and you used proportionate force due to a reasonable belief of imminent harm, you may wind up on trial, particularly if serious injury or fatality results. The questions of whether harm was truly imminent and beliefs were truly reasonable are issues that need to be addressed by a competent attorney – you are entitled to your day in court, and it is crucial that your rights are protected.
Contact A West Palm Beach Domestic Violence Attorney
Being involved in a domestic dispute is frightening, and if you genuinely believed you were in danger, the decision to use force in self-defense is understandable. However, the right to self-defense must be balanced against the public interest. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can protect your rights and help you through the legal process after domestic violence. 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=0700-0799/0741/Sections/0741.28.html
