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The difference between self-defense and reactive abuse

On Behalf of | Aug 23, 2024 | Criminal Defense

Sometimes, what looks like domestic violence to outsiders is not actually the result of one person intentionally abusing the other. Instead, it may be a powerful emotional reaction to a scenario involving ongoing abuse.

Other times, what may look like someone attacking another person is really their attempt to protect themselves after the other party initially became violent first. Those accused of domestic violence offenses sometimes try to fight the charges they face by asserting that their behavior was reasonable. They may claim that what police witnessed was an act of self-defense. Other times, they may assert that they engaged in reactive abuse and were not the initial perpetrator of the abuse.

What separates reactive abuse from self-defense?

Self-defense is a response to an imminent threat

Someone engaged in self-defense may have just experienced an assault initiated by another party. They may also be in fear for their safety because of something the other party said or did to intimidate them. Cases involving claims of self-defense typically involve one party asserting that the other intended to hurt them or previously had. Self-defense claims are a common defense strategy for those accused of violent crimes, although proving self-defense in a domestic violence scenario can be a very challenging prospect.

Reactive abuse is a response to mistreatment

Reactive abuse is not behavior intended to protect an individual. Instead, it is a powerful, often irrational reaction to long-term abuse. When a family member or intimate partner verbally abuses someone, the abused party may feel resentful and angry about the mistreatment they endured. Eventually, with enough provocation, they may seemingly fly off the handle. They may have an intense reaction to a seemingly minor issue. In some cases, they may become physically aggressive or may scream at the person who regularly abuses them.

To those who are unfamiliar with the standard dynamic in a relationship, reactive abuse typically looks like domestic violence. It is not behavior intended to protect the person erupting in anger but is instead a response to prior misconduct from the other party.

Outside witnesses, including mental health professionals, can play an important role in helping people develop claims of reactive abuse or self-defense. Understanding why behavior may look like domestic violence to other parties can be beneficial for those hoping to fight the charges they face. When victims of domestic violence face criminal charges, they may need help exonerating themselves in court.