The court system is usually very harsh on defendants in domestic violence cases, as they want to believe the plaintiff. When accusations have been made against you but you know that you were acting in your own defense, you may wonder what you can do about it. Self-defense is very serious and occurs when you must use force to protect yourself from another person’s violence. Wrongful domestic violence convictions can be extremely harmful to your reputation and cause you penalties that you do not deserve. Find out when self-defense is justified and what you can do.
Whether or not you actually acted in self-defense depends on your state’s laws, because they vary by state. Many people believe that, no matter what the situation, anybody in a violent or dangerous situation must be able to protect themselves from harm. Even if somebody was harming you, you only have the right to protect yourself by reasonable means. You are not permitted to inflict substantial harm upon the attacker.
In order to truly have a self-defense case in a domestic violence claim, you must be able to show that there was an imminent danger and you were just protecting yourself from harm. This means, in California, that you believed you were in immediate danger of being injured or killed. This takes more than a simple argument to prove. You should never act irrationally aggressive or dangerous, however. If somebody slaps you, you do not have the right to kill somebody. This would be seen as irrational by the courts and you will end up in a lot of trouble for your actions.
What to do
When you are involved in a domestic violence case that includes self-defense, you may be facing an uphill battle for your rights. You may not appear as the victim to the court, which can lead to many issues. It just means that you will have to make your case and prove that self-defense was necessary. Call us today for help with your case at The Law Office of Peter Blair.