Is Domestic Violence a Form of Self-Defense?

Domestic disputes can escalate quickly. One party may lash out in frustration, forcing the other party to defend themselves. The natural inclination to protect yourself from abuse often injures the attacker. If you use any force to stop the assault, police can also incorrectly identify you as the primary aggressor.

You can defend yourself during domestic disputes, even if self-defense injures your partner. If you were charged with domestic violence in an attempt to defend yourself or another household member, you need a dedicated criminal defense attorney in Myrtle Beach.

Defining Domestic Violence in South Carolina

South Carolina law prohibits anyone from intentionally causing physical harm or injury to a household member, including:

• Spouse
• Ex-spouse
• Co-parent
• Romantic partner
• Former partner
• Roommate
• Child

The law also prohibits attempting to cause physical harm or putting a household member in fear of imminent harm. If a household member attacks you, attempts to attack you, or engages in intimidating behavior, you may proportionally defend yourself. This means taking steps necessary to stop the attack, such as grabbing the aggressor’s wrist, without further escalating the assault. If you were involved in a domestic dispute in Myrtle Beach, a legal advocate could help prove that you took appropriate steps to protect yourself and de-escalate the situation.

Self-Defense is a Defense to Domestic Violence Charges

Most domestic incidents start verbally and escalate into physical assaults. Once law enforcement is contacted, officers must determine which party was the primary aggressor. Police officers may not arrest a party who is not the primary aggressor, but it can be challenging to make this determination when stories conflict.

In determining whether someone was the initial aggressor, South Carolina law requires first responders to consider whether they acted in self-defense. This is both a defense to the initial arrest and, if necessary, a valid legal defense of domestic violence charges.

Difficulties often arise when the physically stronger partner causes harm while defending himself or herself. Common examples include shoving the weaker partner away during the attack, causing him or her more serious damage. Sometimes, police officers simply cannot identify who started the fight and, as a result, arrest the wrong person.

Myrtle Beach judges have the discretion to make self-defense determinations during pre-trial hearings and may dismiss domestic violence charges against the non-aggressive party. Even if you were arrested, an attorney can help you get South Carolina domestic abuse charges dismissed before trial if you acted in self-defense.

Contact an Experienced Criminal Defense Lawyer in Myrtle Beach

If you’ve been charged with domestic violence, you could be facing up to ten years in prison. Do not let courts assume you were the primary aggressor if you took action to stop or prevent an assault. An experienced domestic abuse defense attorney in Myrtle Beach, SC, can get charges dropped on self-defense grounds during the initial hearing or at trial. Contact us online or by phone immediately if police incorrectly identify you as the primary aggressor after a domestic dispute.