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When Can I Claim Self-Defense in a Florida Domestic Violence Case?

 Posted on February 14, 2026 in Violent Crimes

Broward County, FL domestic violence defense lawyerAs of 2026, Florida law continues to recognize self-defense as a legal justification when specific requirements are met. You may be able to claim you were acting in self-defense in a domestic violence case if you reasonably believed you were in immediate danger and used only the amount of force necessary to protect yourself. These situations are rarely straightforward. Arguments can escalate quickly, and law enforcement often must make fast decisions based on limited information. If you have been accused, it is normal to feel overwhelmed, worried about your future, and unsure where to turn.

Our Broward County, FL domestic violence defense lawyer helps individuals understand their rights and navigate this difficult moment with clear guidance.

What Is Considered Domestic Violence Under Florida Law?

Florida Statute § 741.28 defines domestic violence as certain criminal acts between family or household members. This may include spouses, former spouses, relatives, people who live together, or individuals who share a child.

Allegations can involve offenses like assault, battery, stalking, or false imprisonment. Even a single accusation can have severe consequences. If you are facing possible jail time, protective orders, or limits on where you can go or who you can contact, you should contact an attorney to understand your options.

It is important to remember that a charge is not the same as a conviction. You still have the right to defend yourself and present your side of the story.

What Does Self-Defense Mean Under Florida Law?

Self-defense protections allow a person to use force to stop an immediate threat. However, the force must be reasonable based on what was happening at the time.

Under Florida Statute § 776.012, a person is justified in using force if they reasonably believe it is necessary to defend against another person’s imminent use of unlawful force. Deadly force may be justified only when it is used in response to a reasonable fear of death or great bodily harm.

To determine whether self-defense was justified, courts often focus on what a reasonable person would have done in the same situation.

What Proof Do I Need To Claim Self-Defense in a Domestic Violence Case?

Courts look closely at the facts before accepting a self-defense argument. While every case is different, several factors are commonly reviewed.

To support a self-defense claim, it often helps to show:

  • You believed you were facing immediate danger.
  • The threat involved unlawful force.
  • Your response matched the threat level.
  • You did not provoke the incident.
  • You had no safe way to avoid the harm.

Evidence, such as injuries, witness statements, and prior threats, may help clarify what happened.

Does Florida’s Stand Your Ground Law Apply to Domestic Violence Cases?

The Stand Your Ground law can apply in a domestic violence case, depending on the circumstances. The law, found in Florida Statute § 776.013, removes the duty to retreat in certain situations. If you are somewhere you have a legal right to be, you may not be required to try to escape before defending yourself.

However, the law does not apply automatically. Judges carefully evaluate the details of the situation, including who initiated the conflict and whether the force used was reasonable. Because these cases are highly fact-specific, understanding how the law applies to your situation is important.

What Evidence Can Help Support a Self-Defense Claim in a Domestic Violence Case?

Strong evidence can play a major role in showing that your actions were protective rather than aggressive.

Helpful documentation may include:

  • Photos of injuries
  • Medical records
  • Text messages, emails, or other threatening communications
  • Surveillance or cellphone video
  • Witness statements
  • 911 recordings

Preserving evidence early can be helpful, as memories fade and digital records may not be saved forever.

What Happens if Both People Are Arrested in a Domestic Violence Case?

In some situations, officers may arrest both individuals if it is unclear who the primary aggressor was. These decisions are often made quickly at the scene to ensure everyone’s immediate safety.

Being arrested does not mean you are guilty. A full investigation may later provide more context about what occurred. It is usually wise to avoid discussing the incident with others and to follow any court orders while your case is pending.

Schedule a Free Consultation With Our Fort Lauderdale, FL Domestic Violence Defense Attorney

At The Hoffman Firm, we help clients understand the legal process and work toward protecting their rights. Attorney Hoffman is known for treating clients with compassion and personalized care while fighting aggressively for their rights.

If you are dealing with a domestic violence accusation, contact a Broward County, FL domestic violence defense lawyer by calling 954-524-4474 to discuss your situation and learn about your next steps. We offer 24/7 availability because urgent situations do not always happen during business hours. If necessary, we’ll even travel to you. Se habla Español.

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