"Right to shoot" states and ex-spouses

[simonov jr]

I live in Indiana where the law states that anyone who breaks and enters a home, especially an occupied home, is PRESUMED to represent a to life and limb and thus lethal force may be employed by the homeowner basically carte blanche without fear of prosecution. Florida is trying to get the same thing passed, and a number of other states have the same laws on the books (vs "duty to retreat" states like MD or MA). However, whenever I see a police report of a b&e by an ex spouse or boyfriend, including those which result in a violent assault, they are still categorized as a "domestic" situation (even though the ex has no more right to b&e than a perfect stranger imo). My question is, do the presumption of deadly threat laws apply to these perps, ie they may be blasted with the same impunity as a so-called stranger, or is there some loophole for them due to their past relationship to the victim?

 

[D-Ric902]

I'm glad I live in Indiana!!

I think the idea is the difference between "domestic disturbance" and B&E
but I haven't seen any ex wifes or girlfriends prosecuted for deadly force, especially with a restraining order.
(at least I don't know of any)

 

[XavierBreath]

My question is, do the presumption of deadly threat laws apply to these perps, ie they may be blasted with the same impunity as a so-called stranger, or is there some loophole for them due to their past relationship to the victim?

Where I live in North Louisiana, two such incidents occured in the last year or so. One occured at night, the other in the morning. Both shooters had filed divorce papers on their "spouse." Both BG's died. Neiher shooter was indicted.

I think the burden of proof for breaking and entering would be higher. In both of these incidents there was evidence of forcible entry.

 

[brett23]

Your mistaken slightly on Florida's law's. In a persons home in FL we don't have to retreat from it. The law they are trying to pass will allow a person to employ lethal force out in the open without having the duty to retreat. It looks like it's going to happen too. I hope so since thats where I live.

 

[Jungle Work]

Texas has had the presumption of "Evil" since the indians were breaking into homes. I have worked several Burglaries that have turned into Murders.
An adult comes into my home uninvited and I take no prisoners, the state of Texas does not require it.....

Jungle Work

 

[Nnobby45]

Think About It

Would a person be justified in using deadly force against an ex partner (wife, girlfriend, boyfriend, etc.) who came back to get some property they thought belonged to them--- that you thought belonged to you? She and her new boyfriend would be in your home without your permission. Are they the same as intruders? Could you protect your property with deadly force?

IMO, you'd be in State Prison so fast your head would still be spinning. That goes for civil court, too. I don't think the aforementioned law likely applies to domestic situations and personal squabbles. But then, I haven't actualy read the law.

Now, the reason I brought this up is because there can be a very fine line between a domestic situation where one's life is in danger and a property dispute. That's why the Police treat all such cases as Domestic Issues. Of course, the law is good to the extent that it allows for self defense when one is protecting him/her self or loved ones against anybody who threatens their lives, be they current or former domestic partners or complete strangers.

 

[Tex570]

Is there a history of domestic abuse in the situation. If you have been a documented victim you can expect it to be easier to not go to jail. Don't count on not having to get a lawyer though. Expect to go to trial also.

 

[BillCA]

If one is planning on making one's spouse an ex-spouse there are certain steps one should take to cover one's posterior.

First - Restraining order keeping the upcoming ex-spouse away from the house, the kids and thee. Do this first. (If you can afford it, consider rekeying your automobile too).

Second - Rekey the door locks. Pay a locksmith and keep the receipt as proof. Add deadbolts to each exterior door too. DO tell the locksmith its due to a divorce and NO ONE ELSE is authorized to receive a key.

Third - Add security devices to windows, glass doors and other entry points. Preferrably some kind of secondary lock and an alarm, even if it's the inexpensive First Alert window/door alarm units.

Use the locks & alarms when you are home. If you have kids, stress the importance of maintaining security (especially for an abusive spouse).

Then, if an alarm sounds at night and the police arrive to find the ex-spouse's eyes in the tilt position and the alarm sounding it should be obvious that you weren't expecting a guest.

For "peaceful" separations where the ex-spouse refuses to understand they don't live there anymore, changing the locks and securing windows should give them the message. If they still B&E then you have to use your judgement -- in deciding if anyone will believe your life was threatened.