“Standing Your Ground” And Domestic Violence

Florida’s “Stand Your Ground” (SYG) law came to the public consciousness in the context of homicides, but what many do not know is that it also applies to home invasion scenarios and, sometimes, to crimes of domestic violence. In general, SYG laws codify the amount of force that is proportional to use against an intruder in one’s home, and the exceptions to that rule. If you are in a potentially volatile relationship, understanding this law can help to protect you, as self-defense becomes necessary when we least expect it.

Setting The Record Straight

There are several misconceptions about Florida’s SYG law that are important to correct, particularly for someone who may worry about their safety. First, the law does not allow a person facing a break-in to jump immediately to the use of deadly force in order to resolve the situation. Rather, the statute allows the use of proportional force – only if the intruder is actively posing a lethal threat to a homeowner can that homeowner use deadly force in return. Using lethal force against an unarmed intruder is more likely to be seen as homicide than self-defense.

The second important misconception to debunk is that a homeowner can use force against anyone they do not want in their home. In reality, if someone has a right to be present, they cannot be removed except in very specific circumstances. This is one of the reasons why, in many domestic violence cases, the alleged victim may seek a domestic violence injunction (DVI) immediately. If a person has a DVI against them, they will generally be required to stay away from their alleged victim, meaning they no longer have a right to be in the marital home.

Get The Evidence

Domestic violence crimes are varied – in Florida, there is not one specific cause of action; rather, individual crimes are charged, and domestic violence acts as a sentencing enhancement of sorts upon conviction. Self-defense or ‘standing one’s ground’ is an acceptable defense to many, but concrete evidence is even more important for this kind of defense than it is for many others. After all, without hard evidence, many domestic disputes boil down to ‘he said/she said’ scenarios.

One thing to keep in mind if you and your attorney intend to use a SYG defense – you must not have ‘provoked’ the initial threat, or you will be unable to argue self-defense. That said, ‘provoked’ usually means ‘instigated or invited’ – for example, attacking the intruder first, or getting into a shouting match outside your home – so an attacker cannot use, say, your actions in court as a ‘provocation’ in this sense.

Contact A West Palm Beach Domestic Violence Attorney

No one wants to think of a situation where their home – their castle, their sanctum – is invaded, especially by someone with whom a close relationship might have existed in the past. If it happens to you, contacting a West Palm Beach domestic violence attorney at Perlet & Shiner, P.A. can help ensure that your rights are protected during the legal process. Contact our office today at (561) 721-0552 to schedule a consultation.