Self defense in another person's home (cross-post from main board)

[haireola]

I posted this earlier today on the main board, and it was suggested that I bring it here. So, here goes:

[hr]

So, I got to thinking about something. I have a friend who has to pick up his daughter from his ex-wife's house every weekend, and this never goes smoothly. His ex-wife is insane, and I suspect she abuses her prescription meds (amphetamines), just judging by her behavior. Anybody who's ever known a tweaker knows that they're generally emotionally unstable and prone to wild, violent swings.

I've had to intervene a number of times, taking his six year old daughter away to spend the day with my wife and daughter, when the situation got out of hand. This is a very sad event, every time, but I've known her since before she was born, and I think of her as family. I'm "Uncle Ryan" to her.

All this said, I've always wondered what would happen in the event that Ms. Tweaker became suddenly violent towards me in her own home. I'm welcome there -- it's not as if I'm trespassing, and there would certainly be other credible witnesses to attest to this. She's a large woman (not as large as me, but I think it'd be a very close fight, especially since she's freaking insane), and I never go near her or her friends unless I'm packing. So, with Castle Doctrine and SYG, if I'm unjustly attacked by someone in their own home, do I have the right to defend myself? I'm not an idiot -- I know that this would be a nasty, nasty, god awful situation to end up in, but this is a real-life concern for me.

[talon2]

Yeah that sounds like a mess and I admire your willingness to intercede for the sake of the child. I would say that if you are initially invited into the house by the residents, and subsequently attacked to the point where you would need to defend yourself, you would be justified in doing so. The castle doctrine addresses "unlawfully" entering or remaining in the dwelling. If you are asked to leave do so immediately, especially if armed, because if you remain beyond that point in time you are trespassing "while armed" if you are "packing". My suggestion would be to call law enforcement or DCF immediately if you fear for the well being of the child. Be a good witness and only involve yourself "hands on" if there is a clear and immediate threat to the child's life. Deadly force is only authorized by statute if there is an immediate likely hood that what ever is happening to the victim will cause death or great bodily harm.


I'm not a lawyer and this is not to be considered to be legal advise. This is my individual opinion of Florida statutes

[Gunyo]

all of us have the right to use lethal force to stop a lethal threat, ANY TIME AND ANY PLACE. what made you think otherwise? Now, if she does not have a weapon, is not a LOT stronger than you and since she IS female (and I assume you are male) then you might have a BAD time convincing a prosecutor or a jury that you HAD TO SHOOT her. Are you some kind of wimp? I've never met a woman who could even come close to scaring me, without a gun in her hand, basically, much less make me actually shoot her. Sheesh.

[haireola]

Ever encountered a speed freak (Rx amphetamine addict)?

Your reputation is at -25 already... you're gonna go far, kid.

[Triad]

(Even though this post is very old originally and was re-opened by Gun Yo Yo) I would like to express my sympathies to the young girl and say that you're doing a very good service protecting her. I understand that they "grow 'em big" here, sometimes, in the South, and adding speed to the equation makes for a lethal combination. I have a thought that maybe you could consider a tazer or something less lethal in lieu of something deadly. Contrary to Mr. Yo-Yo's opinion, I do see the nature of the problem, and from the young girl's point of view, she's very lucky to have you and your family interceding. Good luck with it.