Self-defense in Domestic Violence cases

Self-defense in Domestic Violence cases

Self-defense pursuant to N.J.S.A. 2C:3-4, provides…..

the use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

It is proper for law-abiding people to protect themselves without fear of prosecution or civil action for acting in defense of their own well

being.

The "Castle Doctrine" is a long-standing American legal concept arising from English Common Law that provides that one's abode is a special area in which one enjoys certain protections and immunities, that one is not obligated to retreat before defending oneself against attack, and that one may do so without fear of prosecution.

No person should be required, as a point of law, to surrender their personal safety or well being to the unlawful actions of a criminal, nor to needlessly retreat in the face of intrusion or attack.

It is, therefore, altogether fitting and proper, and within the public interest, to ensure that law-abiding people are justified in protecting themselves and that they may do so without fear of prosecution or civil action.