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Is this excessive force in self-defense?

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  • 03-21-2006, 11:13 AM
    am68
    Is this excessive force in self-defense?
    My wife is 5'3 170lb. I am 5'7" 165lb. My wife has committed previous acts of violence on me.I had to go to the er 5 years ago to get stitches in my scrotum. In Jan she called the cops and I was charged with domestic battery. She told them that she was on the floor and I had my foot on her head. They did not even bother to ask me what happened even though I mentioned her prior abusive acts.

    I was trying to leave the house and she wouldnt let me. She held my shirt and blocked my path. I headed straight for the door thinking she would loosen her grip, but she lost her balance and fell on the floor. I too lost my balance as her hand still held my shirt. I had to restrain her with my foot on her head and use both of my hands to loosen her grip. I was fearful she might do something crazy to injure me again as she was on the floor and my "private parts" were in a very vulnerable position. Thats why I restrained her. We have separated now. If this scenario is presented in front of a judge, would it be considered excessive force in self defense? I have the Er report from 5 years ago stating my injury. My wife will not appear to testify. This info has not yet been sent to the prosecution. Can she drop the charges after getting this?
  • 03-21-2006, 11:38 AM
    Mr. Knowitall
    Stepping on wife's head
    If I were the judge, I would probably be skeptical of a self-defense claim along the lines of, "While my wife was lying on the floor, I had step on her head to make her let go of my shirt." Judges hear a lot of ridiculous claims of how domestic violence is really "self-defense", so even when a story is true it can meet with disbelief. Perhaps you'll be lucky and the prosecutor will decline to charge you.
  • 03-21-2006, 01:22 PM
    am68
    Even though we are almost the same weight and I am just 5 inches taller?

    I held her head down so she wouldnt hurt me. I used my hands to loosen her grip. I have already had the trauma of going once to the ER for stitches in my private parts. The doctor advised me then to get rid of my "girlfriend" ( I hadnt told him it was my wife). I dont know why it wouldnt be believable. The sad thing about this society is if a woman said exactly the same thing, she would go scot free. But since I am a man, that makes me a culprit. There shouldnt be an excuse to allow women to abuse..just because I have never reported her previous acts ( I even have pics of bruising too), doesnt mean I dont have a self defense claim...wouldnt her previous acts of violence help me out?
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