Del. P.J.I. Civ. § 13.5

SELF-DEFENSE IN ASSAULT AND BATTERY CASES

In this case, [defendant’s name] alleges that [he/she] acted in self-defense.

Self-defense is an affirmative defense to [plaintiff’s name]’s claim. So, the burden

of proving self-defense is on [defendant’s name]. [Defendant’s name] contends

that [he/she] acted in self-defense after [he/she] was attacked by [plaintiff’s name].

When attacked, one may use the force that is sufficient to repel the attack, but the

resistance must be no more than is reasonably necessary to protect oneself from

bodily harm. If the resistance or retaliation is excessive or out of proportion to the

danger, it is not justified.

A person using force to protect [himself/herself] from harm may estimate the

necessity of using that force under the circumstances as [he/she] believes it to be at

the time that the force is used. The person attacked is under no duty to retreat from

[his/her] attacker, or to surrender possession of any property belonging to [him/her],

or to perform any other act that [he/she] has no legal duty to do, or to refrain from

any lawful action.

If you find that [defendant’s name] was acting in self-defense when [he/she]

struck [plaintiff’s name], you must return a verdict in favor of [defendant’s name].