Since most domestic violence cases are complex, emotionally charged, and legally complicated, they tend to attract animosity from everyone concerned. Using self-defense as a legal claim, however, is one of the most misunderstood and challenging aspects of these particular cases. Many people consider self-defense to be the random attack or a physical altercation on the street, but domestic self-defense is not unheard of, or uncommon, and many victims begin to fight back by defending themselves against ongoing abuse. Therefore, how does self-defense come into play regarding domestic violence?

Let’s break it down.

What Is Self-Defense?

Self-defense is the only legal use of force in order to protect oneself against imminent harm. For self-defense to successfully be claimed certain elements normally have to be proven:

1. Imminent Threat: It gives immediate threat of losing one’s life.
2. The response must be proportional to the threat, for Proportional Force.
3. No Reasonable Alternative: The force is necessary and the only alternative available to prevent the harm. These are assessed on the grounds of the evidence at hand and the circumstances.

Self-Defense in Domestic Violence Cases

In situations of domestic violence, self-defense claim typically arise when a victim is being charged with attacking and even killing the abuser. These cases are rarely black-and-white. Many victims may have spent months or years of psychological, emotional and physical abuse before they have acted in self-defense. Victims of prolonged abuse may view threats differently, now recognized by the courts. Because of this, the law on this point has also evolved, particularly with the advent of concepts such as Battered Woman Syndrome (BWS), in that it recognizes that abuse is not just physical, but has many psychological consequences, the long-term impacts of the abuse as it offers a logical explanation for how the abused person makes decisions under the influence of such a crisis.

Key Factors Courts Consider

In a domestic violence case, courts look at certain things when evaluating a self defense claim.

• History of abuse between the parties
• Evidence such as injuries or damage that may be physical
• Statements from both parties and witnesses
• Timing of the defensive act (Was the threat truly imminent?)
• Whether the accused had any safe alternatives to face (such as running away or calling the police) Also, in some cases, expert testimony is introduced on the psychological effects of abuse in order to help the jury understand why the victim believed that he or she had a right to use force.

Challenges Victims Face

However, self-defense when it comes to domestic violence cases is not always as straightforward as it may sound. Police may arrest the victims if they are unsure which party, was the aggressor. In addition, societally biased or lack of physical evidence also can make it harder for the real victim to prove his or her case. Furthermore, there are instances when abusers ‘spin’ the narrative when they will make it seem like that was their moment of defending themselves. This is why we must thoroughly investigate our case and have skilled legal representation.

Final Thoughts

Domestic violence cases about self-defense involve more than the moment, but the context of abuse that resulted in a defensive act. However, true victims should not be punished for simply protecting themselves because of continued evolution of legal system and necessary awareness and empathy. If you or a friend or family member is going through a domestic violence situation, go to the family law court immediately and having getting any legal help. It can be the first step towards safety and justice from realizing your rights.