atroop711
Ideal_Rock
- Joined
- Aug 31, 2005
- Messages
- 2,844
Date: 6/8/2009 6:22:20 PM
Author: Gypsy
Okay so.
I think that when anyone (male or female) is being attacked in a NON-life threatening way... they should leave, get out, get clear. Remove themselves from the violence. IF THEY CAN''T, either because a love one is threatened and they can''t leave them behind, or because the attacker will not let them leave... then they should defend themselves enough to stop the other person from injuring them, but without injuring the other person IF POSSIBLE.
I don''t know enough to know what happened in the sitation you described? Did the guy try to leave, to get out and get away? Was it not possible for him to lock himself in a bedroom or bathroom and call the police?
I don''t think that if you can''t get away, you should try to defend, if that doesn''t work and you CAN subdue... you should. A restraining (not injuring) chokehold while certainly scary might have been warranted... it depends on how crazed the woman was and how much harm she was intent on.
This is basic and high level but: Deadly force is defined as any force that kills, it''s not the degree it''s the result. And assault with a deadly weapon means assault with a weapon that kills. So she could have been attacking him with a lamp, but if that lamp had killed him (freak accident) that''s assault with a deadly weapon. So it''s very much a determination of the ACTUAL facts of the actual incident. I can''t judge whether a choke hold was too far. It depends how threatened he AS THE VICTIM felt, and whether it was reasonable under the circumstances. Your response as a victim is only supposed to be proportionate and reasonable under the circumstances.
Now, if he just went all ''I''m going to overpower and subdue you'' when he could have easily left the situation and removed himself from the threat... yes he acted out of line. But not because he''s a man. A woman in that situation would be out of line too.
When you can leave and remove yourself from harm, as a victim of assault, you should. Leaving IS defending yourself. If you can''t leave... then do what is reasonable under the circumstances... and hope the cops and the court agree with you. BUT, they aren''t gonna agree with you if you didn''t try to get out when it was clear you could have with ease and without causing harm to anywone else. He he so easily overpowered her... well, it makes me think that he could have opened the door and shoved her out of the house. Locked the doors and called the cops. Or just walked out the door himself (if there weren''t kids or anyone to worry about in the house).
Totally agree with this post as well as others who said he should have just left.Date: 6/8/2009 2:52:31 PM
Author: whitby_2773
hi TGal
i only have one point and you can make of it what you will.
bruises on hands and arms are painful, definitely.
but choking can kill you.
its a whole different level of violence.
5''9'' and tough sounds almost equal...except that it wasnt equal enough for her either to choke HIM, or for her to be able to get him off her. working in dispute resolution and with troubled kids and divorces etcetc i''ve worked in situations where domestic violence was an issue many times. for every time where you encounter a woman who is stronger than her male counterpart, there are thousands where the man is stronger than the woman. the power disparity is generally so great that i would virtually never take the ''oh sure - if she hits - it''s his right to hit back'' route.
there''s more to the issue than ''who hit first'' - there''s also ''who can hit hardest?''
if you find yourself in a relationship with an aggressive woman - leave her, divorce her, walk out the door at the moment of your choosing. but don''t hit, because it''s virtually never an equal fight and unequal fights are always ugly.
Date: 6/8/2009 1:47:14 PM
Author: elrohwen
If a man is being attacked, I think he has every right to try to restrain the woman, but he should try not to cause her any more harm than necessary to protect himself.
What a sad story, TGal!
Date: 6/8/2009 8:36:15 PM
Author: cara
My question is, was he *required* to walk away? Might need some help on the law here, but my recollection is that one is supposed to walk away from a fight in a neutral location, say a bar, rather than escalating your resistance. But if an intruder attacks you in your home, you are *not* required to walk away, as it is your home, so why would you leave? In other words, you are allowed to resist with more force and cause more injury to an assailant in your own home than would otherwise be legal.
Thanks for the interesting perspective. I thought about it more today after reading your posts and although I don''t know this as fact, my guess is that he didn''t want to leave because the 4 year old might have been sleeping upstairs and he didn''t want to leave the boy alone with mom, or wanted to be home in case she left.
Also, my understanding is that at some point in the night she had locked him out of the house. Not sure how he got back in but when he did and went upstairs, she had locked him out of the room. He did get in to get some pillows and blankets then came downstairs to situate himself on the couch for the night. I think at the point he got on the couch for the night, she came down with fists-a-flying.
I agree. But like I said, I haven''t heard it directly from the horse''s mouth. He could have just restrained her into the couch and had his hands in her general shoulder area.Date: 6/8/2009 9:51:50 PM
Author: risingsun
Choking someone goes well beyond self defense. The outcome can be death by strangulation. He more than likely had other options, including restraint. This is unacceptable and he knows it. I agree 100% with whitby''s post.
I am not advocating splitting hairs on the leave/don''t leave by any means. Certainly leaving is best if possible, and then calling the police. But you can see how some of the details that TGal posted do subtly change the situation. He didn''t want to be locked out again. He didn''t want his child left alone, he didn''t want his child left alone *with her*. He possibly feared for the safety of his child, he is also a victim of abuse. There is deep shame in domestic abuse, particularly abused men. There are also psychological effects. Obviously everyone advocates battered women leaving relationships, calling police when they are abused, documenting and publicly airing the abuse. But it doesn''t mean it is easy.Date: 6/8/2009 9:42:52 PM
Author: AGBF
Splitting hairs over how violent a person can be because he is in his own home can lead him into major trouble. Even when dealing with an intruder a homeowner does not have the rights of an absolute monarch in his kingdom. He cannot, for example, decide to imprison; torture; and execute an intruder just because the intruder is on his property. A court expects that reasonable force be used, not-for example-that a killing be cariried out if someone is no longer a threat. If not law, then certainly prudence should dictate that anyone who is able to should walk away from domestic violence and call the police! (Thank you, San Diego Lady!)
Date: 6/8/2009 8:36:15 PM
Author: cara
My question is, was he *required* to walk away? Might need some help on the law here, but my recollection is that one is supposed to walk away from a fight in a neutral location, say a bar, rather than escalating your resistance. But if an intruder attacks you in your home, you are *not* required to walk away, as it is your home, so why would you leave? In other words, you are allowed to resist with more force and cause more injury to an assailant in your own home than would otherwise be legal.
AGBF
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I agree with your point about escalation. Learning to walk away from TGuy when he is angry and forgetting about reasoning with him was the best thing I learned.Date: 6/8/2009 10:04:57 PM
Author: risingsun
It sounds as if he pushed her buttons and she responded in kind. I wonder if he was looking for a fight. He is well aware of her temperament. When she locked him out, he should have stayed out or gotten his cell and car keys and left. He went back in and entered the bedroom. Not that this excuses her behavior, but it escalated an already volatile situation. In my years of working with domestic violence, I always tell my clients to avoid escalation, if at all possible. If his behavior triggered the initial outburst, his continued presence appeared calculated to continue it. When things have reached such a violent point, you get out and stay out. If he was worried about the children, he could have called the police or DSS or a family member for help.
Date: 6/8/2009 10:09:04 PM
Author: cara
I am not advocating splitting hairs on the leave/don''t leave by any means.
Date: 6/8/2009 9:42:52 PM
Author: AGBF
Date: 6/8/2009 8:36:15 PM
Author: cara
My question is, was he *required* to walk away? Might need some help on the law here, but my recollection is that one is supposed to walk away from a fight in a neutral location, say a bar, rather than escalating your resistance. But if an intruder attacks you in your home, you are *not* required to walk away, as it is your home, so why would you leave? In other words, you are allowed to resist with more force and cause more injury to an assailant in your own home than would otherwise be legal.
I agree.Date: 6/8/2009 1:47:14 PM
Author: elrohwen
If a man is being attacked, I think he has every right to try to restrain the woman, but he should try not to cause her any more harm than necessary to protect himself.
What a sad story, TGal!
Date: 6/8/2009 1:47:14 PM
Author: elrohwen
If a man is being attacked, I think he has every right to try to restrain the woman, but he should try not to cause her any more harm than necessary to protect himself.
What a sad story, TGal!
Date: 6/8/2009 10:32:53 PM
Author: AGBF
No, you weren't 'advocating splitting hairs over leave/don't leave'. You appeared to be advocating the use of more force and violence!
Date: 6/8/2009 10:09:04 PM
Author: cara
I am not advocating splitting hairs on the leave/don't leave by any means.
Date: 6/8/2009 9:42:52 PM
Author: AGBF
Date: 6/8/2009 8:36:15 PM
Author: cara
My question is, was he *required* to walk away? Might need some help on the law here, but my recollection is that one is supposed to walk away from a fight in a neutral location, say a bar, rather than escalating your resistance. But if an intruder attacks you in your home, you are *not* required to walk away, as it is your home, so why would you leave? In other words, you are allowed to resist with more force and cause more injury to an assailant in your own home than would otherwise be legal.
I highlighted your words to point out exactly what you wrote, '...if an intruder attacks you in your home, you are *not* required to walk away, as it is your home, so why should you leave? In other words, you are allowed to resist with more force and cause more injury to an assailant in your own home than would otherwise be legal.' You then went on to ask if this might apply to domestic violence.
When you answered me above you listed a long list of problems that the husband faced as if these circumstances (fear of being locked out, fear for his son) had any bearing on his using a choke hold on his wife. I say that his grievances do not affect his best course of action.* I agree with Whitby, Gypsy, and Marian. He should not have choked his wife. He should have left the house and called the emergency number for the police for immediate help.
AGBF![]()
*The relevance of the husband's grievances, which are substantial, would come in if he ever needed to defend himself in court for having caused harm in the heat of anger or some similar situation.
The law over here is very clear on this and I think it's a good formulation that reflects some of what Whitby is saying here.Date: 6/8/2009 2:52:31 PM
Author: whitby_2773
hi TGal
i only have one point and you can make of it what you will.
bruises on hands and arms are painful, definitely.
but choking can kill you.
its a whole different level of violence.
5'9' and tough sounds almost equal...except that it wasnt equal enough for her either to choke HIM, or for her to be able to get him off her. working in dispute resolution and with troubled kids and divorces etcetc i've worked in situations where domestic violence was an issue many times. for every time where you encounter a woman who is stronger than her male counterpart, there are thousands where the man is stronger than the woman. the power disparity is generally so great that i would virtually never take the 'oh sure - if she hits - it's his right to hit back' route.
there's more to the issue than 'who hit first' - there's also 'who can hit hardest?'
if you find yourself in a relationship with an aggressive woman - leave her, divorce her, walk out the door at the moment of your choosing. but don't hit, because it's virtually never an equal fight and unequal fights are always ugly.
Although I think I can appreciate the man''s desire to subdue the woman, I think if the gender tables were turned, and the woman was being beaten up, the woman would just attempt to escape, not attempt to dominate . So, perhaps the guy was actually more interested in ''telling her'' something, first by remaining passive (and physically unmoved) in the face of her sustained attack, and then by retaliating - even intimidating her? - rather than just removing himself from the scene. Perhaps what the guy did was wrong.Date: 6/8/2009 1:40:40 PM
Author:TravelingGal
We heard sad news this week that some friends have called in the divorce lawyers. I won''t go into what triggered it, but the wife became so angry (and she has anger issues) she came out with guns ablazing and started swinging at her husband. His hands and arms got badly battered trying to fend off her blows and finally, trying to restrain her, he got her into choke hold and pushed her into the sofa, holding her there. I''m sure plenty of yelling accompanied. It''s such a sad, awful situation.
As you can imagine, this has been quite the topic of conversation amongst our circle. One question that came up was:
Is it ever OK for man to fight back during a continuous assault by a woman?