Castle Doctrine & Cohabitation, FL
The Castle Doctrine is a powerful tool in self-defense.
It can be used successfully in cases of homicide, sexual assault, robbery, and more. Unfortunately, many victims of domestic abuse and stalking are unsure of their rights when it comes to self-defense. The Castle Doctrine states that there is no duty to retreat when defending against one of these heinous crimes. This means that victims can use force to protect themselves without fear of legal repercussions.
But what about the Duty to Retreat?
This principle states that a victim cannot reasonably be expected to retreat beyond their living space to protect themselves. Further, their home is considered their safest place of refuge. However, this can be a tricky concept for cohabitating couples. Is the aggressor entitled to stay in their shared safe space?
The answer is no.
The Castle Doctrine and the Duty to Retreat are two legal concepts that govern self-defence. The Castle Doctrine provides legal protection to individuals who use force to defend their homes against intruders. The Duty to Retreat, on the other hand, states that one should avoid using force to defend oneself if doing so can be avoided by retreat.
However, it's important to note that neither of these laws protects an individual who is committing a felony act of abuse or homicide. In such cases, victims have the right to use force to protect themselves, even if it means resorting to deadly force. It is always advisable to consult with a legal professional to fully understand the intricacies of the laws governing self-defence.
It's crucial to note that the Weiland Decision now allows the Castle Doctrine to be invoked in domestic cases.
However, it does not guarantee protection.
According to the Castle Doctrine, individuals who are unlawfully attacked in their homes have the right to defend themselves. They can use force, and in certain cases, even deadly force, to prevent death or great bodily harm. This law aims to protect those who are forced to defend themselves in the confines of their homes, and it highlights the importance of preserving and safeguarding individuals' fundamental right to protect themselves and their loved ones. Understanding what ones rights are is a key feature in the Trauma Informed Self Defense™ program at Shaan Saar Krav Maga Orlando.
When IT comes to self-defense…
it is important to know that laws around this area can be complex and vary from jurisdiction to jurisdiction. Understanding your legal rights and responsibilities is crucial, so don't hesitate to reach out to experienced legal professionals for guidance. They can advise you on the best course of action to take and help you navigate the intricacies of the legal system. By using all available legal tools at your disposal, you can maximize your chances of protecting yourself and staying safe in any situation.
If you or someone you love is experiencing domestic abuse please contact 1-800-799-SAFE (7233) to learn about resources in your area. The hotline is able to connect you with support groups, legal counsel, and other advocates. Shaan Saar LLC is able to assist with safety planning, referrals, and personal safety education. For survivors of domestic violence and violent crime searching for womens self defense near me, please reach out to Shaan Saar Krav Maga for classes, workshops, and consultations through our Trauma Informed Self Defense™ and Healing Journey program.
