Ohio "castle doctrine" law

“Castle Law” is a doctrine of protection & self-defense having roots as far back as feudal common law. In its simplest form it’s the idea that you can protect your home and family from all invaders with whatever means necessary.

Wikipedia has an excellent overview of the subject, noting that “each state differs with respect to the specific instances in which castle doctrine can be invoked, and what degree of retreat or non-deadly resistance (if any) is required before deadly force can be used.” Wikipedia also points out that “any state imposing a duty to retreat while in the home does not have a ‘castle law’: the duty-to-retreat clause expressly imposes an obligation on the home’s occupants to retreat as far as possible and verbally announce their intent to use deadly force before they can be legally justified in doing so to defend themselves…. Other states expressly relieve occupants of any duty to retreat or announce their intent to use deadly force.” Kentucky and Indiana have this second – no duty to retreat anywhere – law.

Ohio’s SB 184, passed in June and becoming effective this past Monday, is slightly a slightly weaker rendition, with no duty to retreat if in one’s home or car.



“Castle law” nuances aren’t without testing or sometimes in the news, though. The Kentucky Supreme Court on Wednesday heard oral argument in two Jefferson County cases; one a murder conviction, the other manslaughter.

Ohio’s Supreme Court has a case pending with a different twist – a case arising out of an individual’s unprovoked attack against two store employees who died when those employees, with the help of two customers, tried capturing him while they were defending themselves.