Killing an Abuser Could Lead to Prison for Victims of Domestic Violence
It was 1984. When Ms. Ford told her brother, George, about her husband’s threats and abuse, the two discussed ways to get rid of the abuser, who’d dragged her through dog feces, squeezed her hand in order to break the glass she was holding and shredded her hand, punched and pulled her hair, and threatened to kill their two kids when she left him. She’d called police to report the domestic violence–twice–but found officers unwilling to do much more than tell the couple to work out their problems. Ultimately, Ford’s brother took matters in his own hands, and, with the help of a couple of buddies, lured his sister’s abusive husband to a remote site and then shot him. Both Ford and her brother went to prison with life sentences.
The Castle Doctrine
Four decades later, not a lot has changed when it comes to women killing their abusers. A 17th century law adopted from Europe called the castle doctrine gives men the right to protect himself and his property when attacked (his wife and kids were considered property in those days). Outside his home, however, men were expected to retreat when under attack. But that changed in 1876 with the true man doctrine which held that a “true man” would never retreat. That led to the stand your ground laws that started coming into effect in 2005, originating in Florida. These laws give people the right to defend themselves in any location whatsoever that a person has a right to be if under attack—although the laws are not written to apply to domestic violence because both people in a home have the right to be there. In other words, one can protect oneself from dangerous threats originating from outside the home, but not from those bubbling up inside where victims of domestic violence are most at risk.
Today’s Laws
What sufferers of domestic violence need to know today is that there are three tenets of law that come into play when pleading self-defense: reasonableness, imminence, and proportionality. A victim must behave reasonably, fear serious harm or death, and respond with no more than proportional violence. In other words, lethal force is not an option until after it is clearly the only option—and it must occur in the moment of a confrontation—not days or weeks later. Even then, who knows how a jury will interpret events? Instead of letting things escalate to that point, perhaps a dedicated and experienced domestic violence attorney could help.
Seek Interventions
The compassionate Miami domestic violence attorneys at The Law Office of Julia Kefalinos have the tools to assist with legal maneuvers that can help to protect you from your abuser. To discuss resources and options, schedule a confidential consultation in our Miami office today.
Source:
nytimes.com/interactive/2024/09/04/opinion/women-kill-self-defense.html?smid=nytcore-ios-share&referringSource=articleShare&ngrp=mxn&pvid=2971E029-1DA9-41DC-8DC5-254FA2DF3843
