Fortunately, the courts have had the good sense to recognize that there is no duty to retreat in your own home and have ordered retrials with different jury instructions. Just a couple of examples: State v. Livesay, 233 P. 2d 432 (Idaho 1951) (woman shot, perhaps by accident, her abusive husband when he returned home from jail for domestic violence and attacked her; her right to defend herself in her own home was upheld against a jury instruction denying her the right to use deadly force when she had provoked the confrontation; also found that a “duty to retreat” instruction was incorrect). Weiand v. State, 732 So.2d 1044 (Fla. 1999) (duty to retreat not applicable in one’s own residence, even when the attacker is her spouse). State v. Thomas (Ohio 1997) (no duty to retreat in one's own residence, even when the attacker has an equal right to be there):
Thus, a person who, through no fault of her own, is assaulted in her home may stand her ground, meet force with force, and if necessary, kill her assailant, without any duty to retreat.