• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

what is self-defense?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

R

runnerone

Guest
What is the name of your state? California

I'm concerned that I am being harrassed by someone who NOT mentally stable. This woman has demonstrated no sense of boundaries. I don't know what she'll do next. I am filing for a civil restraining order tomorrow, but I don't believe this will stop her. My fear is that she may approach me at my apartment or my place of work, and since I do not believe she has any idea of "right and wrong," I fear for my safety. How can I defend myself -- yes, I'm wondering about physically defending myself but not with a gun or a weapon other than my hands or pepper spray, I guess -- without getting myself arrested? What needs to occur for an assault to be considered self-defense?

I don't know if this sounds like a crazy post, but I'm being driven nearly insane by her actions and I'm now envisioning scenarios I've never considered before. Maybe I need the typical "rude awakening" that I know can occur from the replies I see here. I don't think I'm thinking clearly. I am very afraid of what could happen. (and yes, psychological help is on the way just after I file for that restraining order).

Thank you.
 


JETX

Senior Member
"The general rule for self-defense is that a person may use any amount of force except deadly force that he or she reasonably believes is necessary to prevent immediate unlawful harm to a person. Using deadly force is permissible only when it reasonably appears to be necessary to avoid immediate death or serious injury to a person, or to prevent the commission of a felony in the actor's dwelling. If a person claims that he or she acted in self-defense, the prosecutor must prove beyond a reasonable doubt that self-defense was not the reason for the crime."

One important fact to remember if you are planning for self defense..... the prosecution and courts will be the ultimate determining factor in whether your actions were self-defense or not. It is best to NOT put yourself in a position where they are the reviewers.
 
R

runnerone

Guest
Jetx,

Thanks for the response. I am actually not sure what you meant by the last statement... "the prosecution and courts will be the ultimate determining factor in whether your actions were self-defense or not. It is best to NOT put yourself in a position where they are the reviewers."

I do understand that I am "planning" my self-defense, which I'm sure looks bad (although I believe that is all part of me protecting myself). I'm scared, and I'm not sure how I'd react. I'm hoping if I have enough information in my little brain then I'll remember some and be smart if something should arise.
:eek:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top