Major Ruling May Allow PTSD Evidence In ‘Stand Your Ground’ Cases

Florida, among other U.S. states, has a “Stand Your Ground” law on the books. This law holds that a person who reasonably believes they are about to be the victim of force has the right to use that level of force in self defense, with no duty to retreat. Historically, the fear of force has had to be objectively reasonable – if a person’s fear was unreasonable, they would still be legally culpable for their actions. An October 2025 ruling has changed that, which might in turn protect victims of domestic violence.

Objective vs. Subjective Fear Of Harm

On October 9, 2025, the Florida Supreme Court decided Oquendo v. State (2025). In the case, Oquendo got into an altercation outside a bar and allegedly shot and killed a person, being convicted of manslaughter. He sought, in his case before the lower court, to have an expert testify that he suffered from post-traumatic stress disorder (PTSD), which allegedly meant he was more likely to resort to force than someone without the condition due to his subjective fear of harm.

The 2nd District Court of Appeals denied Mr. Oquendo’s expert witness the right to testify, holding that his PTSD (whether he had it or not) was not relevant because the state’s “Stand Your Ground” law uses an ‘objective’ standard to determine fear. While the Supreme Court agreed that Oquendo’s PTSD was not relevant in his specific case, it declined to mirror the lower court’s judgment when it came to PTSD as a whole.

Not A Defense – But Possibly A Mitigating Factor

The District Court of Appeals held that even if Mr. Oquendo’s expert witness found that he had PTSD, it was not relevant to the case at hand because it had nothing to do with whether or not he acted reasonably. The Supreme Court agreed in Oquendo’s case that he intended to use PTSD as a kind of defense, which is not possible in his case. However, the Court disagreed with the 2nd District in part, holding that ‘Stand Your Ground’ cases can sometimes have a subjective component.

It held that the ‘Stand Your Ground’ defense has two parts – whether the defendant had a personal fear of being attacked, and the issue of whether or not force was a proportional and appropriate response to what they were feeling. This may help victims of domestic violence, many of whom have PTSD, to defend their ‘standing their ground’ against their alleged abusers.

Contact A West Palm Beach Domestic Violence Attorney

While this new ruling only affects domestic violence cases that involve the ‘stand your ground’ defense, it is a step in the right direction for the legal system to make steps toward assessing subjective fear – given how real it is for many domestic violence victims. A West Palm Beach domestic violence attorney from Perlet & Shiner, P.A. can help answer your questions about the legal process. Call our office today to speak to an attorney.

Sources:

flsenate.gov/Laws/Statutes/2018/776.012

flcourts-media.flcourts.gov/content/download/2461834/opinion/Opinion_SC2023-0807.pdf