If I fight back, will I be arrested?
I did some Internet research for you to see if I could find a law in STATE known as the primary aggressor law, which generally means that police are supposed to arrest the “primary aggressor” (the person who is the most aggressive/violent in the incident) in a domestic dispute. However, even under a primary aggressor law, police may misread who is the primary aggressor when they arrive on scene of a call, or may think they have reason to arrest both parties to a domestic dispute. [INCLUDE THIS IF YOU COULDN’T FIND A STATUTE OR ANYTHING THAT SAID HER STATE HAS IT – IF YOU DID FIND IT, YOU CAN COPY THE STATUTE THAT EXPLAINS IT AND SUGGEST ASKING ATTORNEY HOW IT’S APPLIED IN HER STATE: However, in searching the Internet, I didn’t find a law like this in STATE - but that doesn’t mean that some type of law such as this may not exist. It may be possible that I just did not find it – I do not know.]
Since I am not an expert in STATE’s laws, I am not sure how STATE law or your local police would handle a situation where the victim of abuse fought back - you may want to speak with an STATE attorney who can examine your situation and provide you with advice on how to proceed.
Information on finding STATE lawyers (both free and paid) is available on our website here:
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If a person is charged with a crime, sometimes they can argue self-defense, but there are many factors that go into such a case. If this applies to you, you may want to speak to a lawyer about how best to proceed.
Regardless of what you decide to do, you may want to consider figuring out a plan to get out of or avoid situations before physical abuse occurs. Our website has extensive information on safety planning. While none of these tips can guarantee your safety while you are in or leaving an abusive relationship, some of these tips could help make you safer. You can view our safety planning page here: https://www.womenslaw.org/about-abuse/safety-tips
Someone who is being abused by his/her partner may want to consider whether or not to try and get a civil protection order. I can’t say whether or not you would qualify for a protection order, so you may want to check with a lawyer or a domestic violence organization in your area. More information about eligibility and the filing process for Idaho protection orders is available on our website here:
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Additionally, here is a link to information about Idaho organizations that may provide emergency shelter and other assistance:
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