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  1. #1
    Join Date
    Mar 2006
    Posts
    7

    Default 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?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  3. #3
    Join Date
    Mar 2006
    Posts
    7

    Default

    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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