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I've had a couple of instances recently in domestic violence cases where the castle doctrine (lack of duty to retreat) had the potential to come into play. Fortunately, it never really materialized but I've started to become a little concerned about the impact of this law where BOTH parties have a right to be present at the location where force is used, e.g., spouses, roommates, etc.. It's not always clear who "provoked" the difficulty. I really don't have any quarrel with the law as it pertains to threats by strangers or intruders. This IS Texas! But has anyone else had any problems with this particular self-defense issue where both parties had the right to be present? Just curious.
 
Posts: 293 | Registered: April 03, 2001Reply With QuoteReport This Post
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