N.C.P.I.—Civil 800.53

The (state number) issue reads:

"Did the defendant [assault] [batter] the plaintiff in defense of a

family member?"

You will answer this issue only if you have answered the issue as

to whether the defendant [assaulted] [battered] the plaintiff "Yes" in

favor of the plaintiff.

On this issue the burden of proof is on the defendant.2 This means

that the defendant must prove, by the greater weight of the evidence,

three things:

First, that the defendant reasonably believed that it was necessary

to use force to protect a member of his family from imminent bodily injury

or death. A belief is reasonable when a person of ordinary prudence

under the same or similar circumstances would believe that force is

needed to protect a member of his family from imminent bodily injury or

death.

Second, that the defendant used no more force against the plaintiff

than was reasonably necessary under the circumstances to protect the

family member from bodily injury or death.3

Third, that neither the defendant nor the family member was the

aggressor. A person can defend a family member only if the family

member has the right to defend himself. A person who voluntarily and

without provocation enters into a fight does not have a right to claim

self-defense (unless he first abandons the fight, withdraws from it and

gives notice to his adversary that he has done so).

Finally, as to this issue on which the defendant has the burden of

proof, if you find by the greater weight of the evidence that the

defendant [assaulted] [battered] the plaintiff in defense of a family

member, then it would be your duty to answer this issue "Yes" in favor of

the defendant.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the plaintiff.