subject: How Can The Texas Castle Doctrine Protect You When You Defend Your Family From Real Injury [print this page] As there are now 31 states that have some form of the law, a question is often raised, how can the Texas Castle Doctrine protect you when you defend your family? The first thing to understand is just what the intent of the law entails and some background as to why it was passed. There is a long history that is based on one's right and ability to protect their property and families.
In other states the issue has been addressed with laws describing the defense of homes and property. One of the most interesting was the so-called "Make my day!" law in Colorado. It was taken from the statement made by 'Dirty' Harry Callahan in the Clint Eastwood movie, "Sudden Impact."
We have probably all heard the saying that amounts to 'A man's house is his castle.' It is a concept that has been voiced since the ancient writings in the Jewish Torah, the Holy Bible's Old Testament, Roman philosopher Cicero, English Common Law in the 16th century to our current state laws. The right to protect property and life is pretty much universal and a time-honored tradition.
It was Cicero who wrote, "What more sacred, what more strongly guarded by every holy feeling, than a man's own home?" Exodus in the Bible clearly spells out the consequences for those that took to sneaking into people's homes in the middle of the night.
The opposite viewpoint to the Castle Doctrine would include laws that would require a 'duty-to-retreat.' This would require a homeowner and occupants to remove themselves from any perceived threat and clearly announce an intent to protect themselves before violent or deadly force could be 'legally' taken. Each state then includes various interpretations regarding what exactly is meant by an announcement, including the cocking of a gun or even the laser-sighting of an intended target.
On top of all of those possible legal requirements not being met, a homeowner could be later sued in civil court for the injuries or death of an intruder. It left the legal interpretations up to law enforcement and the judicial system.
These issues and more were addressed by the passing of the Texas law and was supported by a majority of members in both state assemblies. Not only did it remove any obligation for one to retreat first, it protected people taking defensive measures whether in their homes, cars or workplaces.
Some of the requirements to qualify for protection under the law included criteria that there must be a person in the vehicle or building. There must be no criminal activity engaged in by the defender and no provocation can have taken place prior to the defensive force being taken. Charges can still be brought by authorities if they question the use of deadly force in any case.
The most important steps taken to show how can the Texas Castle Doctrine protect you when you defend your family is the measure prevents any victim of deadly force taken against them from filing civil actions. You will be protected from facing possible legal repercussions in both civil and criminal courts.
