duty to retreat

Duty to retreat is a legal doctrine that requires an individual to attempt to safely remove themselves from a situation before the individual may use physical force for self-defense, against an imminent danger. The duty to retreat usually applies to the use of deadly force so that when complete escape is safe and possible, a party cannot use deadly force or rely on self-defense legal protections. The intention behind the duty to retreat doctrine is to reduce harm or potential injuries to the parties involved and innocent bystanders, and to promote peaceful conflict resolution.

Duty to retreat laws are jurisdiction-based and some states have exceptions for a person’s home, workplace, and/or vehicle, or if the attacker has a weapon. In fact, the castle doctrine is an exception that states there is no duty to retreat for a situation that occurs in one’s home. About one third of states in the U.S. have duty to retreat laws. For example, according to Nebraska Statute 28-1409 4, a person is not justified to use deadly force as self-defense if, “the actor knows that he can avoid the necessity of using such force with complete safety by retreating”…;however, …“the actor shall not be obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be.” The duty to retreat doctrine directly contrasts with the stand your ground doctrine which allows a person to use physical force as self-defense regardless of whether retreat is possible.

[Last reviewed in May of 2026 by the Wex Definitions Team]

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