Evolution of Self Defense
| Publication year | 2019 |
| Author | By CarolAnn Peterson, PhD |
By CarolAnn Peterson, PhD
Dr. Peterson is a Full-time Lecturer at the University of Southern California, having joined its School of Social Work in January 2004, and teaches courses on domestic violence, leadership, and policy and advocacy. She is currently a member of the Los Angeles Mayor's Domestic Violence Steering Committee. She is a certified National Expert Witness on Strangulation Prevention, and has been consultant for local, state and federal attorneys regarding domestic violence cases. Dr. Peterson has provided training through the Federal Law Enforcement Training Center (under the Department of Homeland Security). She is an author and public speaker. Dr. Peterson has a Bachelor's Degree in Political Science and a Master's Degree in Public Administration, both from Loyola Marymount University of Los Angeles; and a Ph.D. from Sanctus Theological Institute. She is also a survivor of domestic violence.
Self-defense in domestic violence and the battered person syndrome have long been controversial. However, this may soon be changing. The case of Marriage of Valerie and Louis G.1 has made incredible inroads to possibly overturning this debate. Valerie G., having filed for divorce, also asked for a domestic violence restraining order (DVRO), claiming that her husband had been abusive. Valerie produced photographs to show a scraped knee and bruising on her arm. She alleged that she was injured during a physical encounter that she instigated, and the court erred that her injuries did not constitute abuse, since she instigated the confrontation. She was also requesting legal and physical custody of their son and child support.2
Louis G. filed for an opposite DVRO and joint legal and physical custody of their son. He testified that he never hit her and that he did not have an anger problem. He denied being a violent person and indicated that it was Valerie who was violent; in fact, he was able to recount many incidents where she was the violent party. On many occasions she would hide his phone and his laptop, both of which were necessary for his business.3
In August 2015, Louis found his laptop and phone, which Valerie once again had hidden, making Valerie extremely angry. When Luis attempted to leave the room with his property, Valerie physically struggled with Louis to take his laptop from his hands. After moments of struggling, Valerie attempted to smother Luis by holding her hands over his mouth and nose. In attempting to free himself from her grip, he twisted his head around and "nipped" her thumb. The struggle continued, and Valerie fell and hit her head on the bed frame and then scraped her knee.4
The final altercation was November 2015, and this prompted Louis to move out of the house. The incident occurred when Luis was working at his desk in the garage. Valerie entered the garage and snatched his cell phone; she began looking through the phone. When Valerie approached the desk, Luis reached out and grabbed the phone from her. She once again wrestled with Luis to take the phone and was on top of him. He pleaded with her to stop and get off him. When his pleas failed to stop Valerie, he pulled away. At the time he was standing against the hood of his car, and when he pulled away, so did Valerie. She lost her balance and fell to the floor on her tailbone.5
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