Most red-blooded people would stand up for their rights, especially if they felt that they or their family were being threatened. This would include a vigorous defence of their home, if an intruder should seek to gain access. But is all that fair and good? Are you allowed to do whatever it takes to defend your "castle"? Laws vary considerably from country to country, and in Australia, you have to be a bit careful. If you've come across this situation and encountered a stranger in the wrong place, what do you need to know?
Retreat Is Best
If someone wants to deprive your house of some of its content, or may have even more sinister motives, there is no doubt that they are in the wrong and not you. However, believe it or not, they also have some rights in this situation. You aren't allowed to be as aggressive as you may care, in an attempt to defend the situation, The law says that you should first try to retreat to a safe area, or even leave the property completely to call for help.
Protect yourself as much as possible in the meantime by going to that safe place. If you choose the other option and are too aggressive, you are the one who could be facing heavy charges. You don't want to end up being accused of assault with a deadly weapon, or of causing serious harm.
Could You Go to Jail?
The courts could hand you a jail sentence, so you need to be quite clear of your actions, as difficult as this could be in a tense situation. The key here is to be proportionate in your response at all times. You can take steps to pull back your property from the intruder, if its sensible to do so and only use force against the person if it's likely they may attack you instead.
Can you believe that an intruder could bring a civil case for assault against you, if they're injured while invading YOUR home?
Where to Turn
The law can be a bit aggravating in this situation, and it's not always a cut-and-dried case. If you're in the middle of something like this, it's certainly best to get help from a lawyer who specialises in such situations first. They can often use their own experience of case law to craft a defence for you. This could make all the difference in helping you win.
