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Abstract: 

The cases in this issue concern a range of home invasion crimes. These may include trespass (entering a property without permission); burglary (entering a building for the purpose of committing a crime); and home invasion (forcibly entering an occupied dwelling). While definitions and penalties vary across the states, lawmakers recognize increased severity and danger when a home is occupied at the time of the entry. Not only does the possibility of confrontation increase risk, but there is a strong privacy interest in one’s home. The “castle doctrine” (a man’s home is his castle) has been used to justify a homeowner’s use of force against an intruder in his or her home. However, charging abusers (many of whom already have court orders that require them to stay away from their victim) with home invasion crimes reveals the need for these statutes to be adapted to reflect the realities of DV relationships. Reading these cases contextually with a domestic violence lens captures additional complexities about how the post-separation conduct of abusers challenges a survivor’s ability to be autonomous in her own dwelling.

Keywords: Home Invasions and Domestic Violence

Affiliations:  1: Contributing Editor; 2: Associate Editor.