House Bill 26-022

This bill clarifies the application of self-defense law in cases involving ongoing domestic abuse. The bill allows courts and juries to consider documented patterns of abuse when evaluating whether a defendant reasonably believed the use of force was necessary to prevent serious bodily injury or death.

Under current law, self-defense generally requires that harm be imminent. This bill provides that, in cases involving spouses, former spouses, cohabitants, or intimate partners, the requirement of imminence shall not be interpreted to require that violence be occurring at the precise moment force is used, if credible evidence demonstrates an ongoing pattern of abuse and a reasonable belief that serious harm was likely in the near future.

The legislation permits admission of evidence such as prior police reports, protection orders, medical documentation, testimony regarding threats or repeated violence, and expert testimony concerning patterns of domestic abuse. The defendant retains the burden of producing supporting evidence, and the prosecution maintains the burden of proving beyond a reasonable doubt that the use of force was not justified.

The bill does not create a presumption of justification and does not authorize retaliatory violence. Instead, it provides guidance for courts and juries to assess reasonableness in the context of documented domestic abuse.