Legal Definitions - plea in avoidance

A plea in avoidance is a type of defense that a defendant can use to refute the plaintiff's or prosecutor's claim. It is also known as an affirmative defense. The defendant presents facts and arguments that, if true, would defeat the plaintiff's claim, even if all the allegations in the complaint are true. The burden of proving an affirmative defense lies with the defendant.

Examples of affirmative defenses are duress (in a civil case) and insanity and self-defense (in a criminal case). Another example is the defense of habitation, which justifies conduct that would otherwise be a criminal offense if an aggressor threatens the defendant's place of abode or premises.

For instance, if a person is charged with assault for hitting someone who was trying to break into their home, they can use the defense of habitation as a plea in avoidance. They can argue that their conduct was necessary to protect their home and that it was reasonable in relation to the harm threatened.