“I just made the mistake that men all over the world make, my wife just cried and cried and pinched me and pushed me, I was so angry that I just slapped her, and now she wants to call the police to arrest me, what should I do?
My wife started it. Can I fight back?
First of all, let us be clear: the law does not discriminate between men and women when it comes to domestic violence.
But while the Philippine Domestic Violence Act (Republic Act No. 9262) clearly states that both men and women who are victims of domestic violence have the right to seek legal protection and relief.
However, in the face of your wife's “pinching” and “pushing”, you slapped her in anger, and the legal consequences of this slap are not simple.
This is because in the Philippines, there is a prevailing societal bias that females are seen as weaker. As a result, females hitting males is often viewed by society and law enforcement agencies as a non-serious act, while males hitting females are treated harshly.
Reasonable self-defense vs. excessive counterattacks
When your wife hits you, if you choose to fight back, this action can lead to a number of legal issues. The key is to determine whether your counterattack was reasonable self-defense!
1. **Reasonable self-defense**: The law permits self-defense in the event of an attack, provided that the force of the counterattack is commensurate with the degree of the attack. Your counterattack should be in defense of yourself, not in retaliation.
2. **Excessive Counterattack**: If your counterattack is considered to be beyond the reasonable bounds of self-defense, then you may face legal consequences. The judge will consider whether you went beyond what was reasonable in defense and whether your counterattack was necessary and appropriate.
For example, if your wife pinches you and you knock her to the ground with a kick, then that's an obvious overreaction.
What do you do when your wife calls the police?
When you are really hot-headed, can not control themselves to fight back after the wife called the police, the hat uncle came to want to arrest you, what should you do?
1.**Keep Calm**: Being taken away by the police may make you very nervous, but keeping calm is key. Cooperate with the police investigation and avoid aggravating the situation.
2.** Seek legal assistance immediately**: Contact a lawyer as soon as possible and explain to him what happened. The lawyer will provide you with professional advice to help you understand your legal rights and coping strategies.
Consequences
If your counterattack is found to be reasonable self-defense, you may be acquitted;
If it was beyond reasonable but minor, you may face a fine or short-term detention;
If the counterattack is excessive and causes serious injury, you may face a long jail term.
Meanwhile, the Philippine Department of Social Welfare and Development (DSWD) will be involved in the investigation
What should I do if I do encounter domestic violence?
Firstly, try to stay calm and avoid escalating the situation as much as possible and preserve evidence
Secondly, if the other person does act violently, report the incident to the police and apply for a protection order if necessary.
Also, seek legal advice to understand your rights and coping strategies.
遇到家庭暴力时，应尽量避让而非还手，通过法律途径保护自己才是最佳选择。维护家庭和谐需要双方共同努力，采取合法措施应对暴力，以避免不必要的法律和情感困扰。