Omaha, NE asked in Domestic Violence for Nebraska

Q: If a man hits a woman and she hits him back as self defense and he proceeds to beat her, is he committing a crime?

If a man hits a woman first, and she hits him back as self defense, and he continues to beat her until she is bruised all over the face with a fat lip and black eyes, is he committing domestic abuse ? He initiated the fight, and then proceeded to beat her all because she attempted to defend herself. Would anything happen if she pressed charges against him ?

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1 Lawyer Answer

A: A defense to an assault charge is self-defense. If the party's actions were to defend against an attack, they have a defense against the charge. Self-defense doesn't mean a party can take any action to defend. For example, a party couldn't leave the scene and then come back with a shot gun to shoot the other party. It is also possible for both parties to be charged with assault if both were fighting the other.

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