Domestic Violence Victims Have a Right to Stand Their Ground in PA—It’s Quite Literally the Law

Protection from abuse orders (PFAs) and threats of calling the police are not always sufficient to protect victims from domestic violence. Pennsylvania statutes reflect this reality, as the law allows individuals to defend themselves against the threat of violence by using lethal force.

Commonly referred to as “Stand Your Ground” laws, Pennsylvania’s statutes justifying the use of force in self-protection are complex but critical, especially if you’ve had to use lethal or non-lethal force to protect yourself or your loved ones.

Though the law is clear, many victims of domestic violence find their motives and justifications for using force questioned by law enforcement officers and prosecutors. Some victims are even charged and prosecuted for lawful self-defense, and you must be prepared for such a possibility in your own case.

If you were forced to defend yourself by using force, call the LLF Law Firm Family Law Team today at 888-535-3686 or contact us online about getting the trustworthy counsel you deserve (and may need).

Yes, You Can Use Force When It Is “Immediately Necessary” for Self-Protection

Pennsylvania statutes provide robust protections for victims of domestic violence (and others threatened by others’ aggression) who fear bodily injury. The statute titled “Use of force in self-protection” makes your right to self-protection crystal clear:

“The use of force upon or toward another person is justifiable when the actor 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.”

The use of deadly force is only justifiable when the person defending themselves believes:

• They could be killed
• They may be sexually violated
• They may be kidnapped
• They may suffer “serious bodily injury.”

While nobody wants to resort to the use of deadly force, Pennsylvania statutes mirror the fact that some victims of domestic violence have no other recourse.

Are There Any Legal Exceptions That Make the Use of Force in Self-Defense Unjustifiable?

Pennsylvania’s statutes are anything but simple, and the latest version of the state’s self-defense doctrines explains that one is not within their rights to use force in self-defense when:

• They do not have a credible reason to believe they are at risk of serious bodily harm, death, sexual violation, or kidnapping
• They are resisting arrest by a peace officer
• They were the initial aggressor
• They were engaged in mutual combat
• They were infringing on the other party’s right (such as when they broke into someone else’s home, in which case the other party may possess the right to use force in self-defense)
• They are retaliating
• Certain other conditions mitigate their right to use force in self-defense

These are the kind of exceptions prosecutors often cite when prosecuting domestic violence victims who resort to the use of force in their own defense.

Pennsylvania’s Stand Your Ground laws no longer require victims to retreat before using self-defensive force in their own residence, dwelling, or workplace. Yet, you should never assume that the exercising of your right to self-defense absolves you from possible prosecution.

As soon as you’re involved in any domestic violence circumstances, it is time to call the LLF Law Firm Family Law Team today at 888-535-3686 or contact us online. We will defend your rights and guide you through any legal proceedings that may (or may not) come.