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Domestic Violence and Pets: List of States that Include Pets in Protection Orders

Rebecca F. Wisch


Animal Legal & Historical Center
Publish Date:
2009
Place of Publication: Michigan State University College of Law
Printable Version

Domestic Violence and Pets: List of States that Include Pets in Protection Orders

 

Note that 10 states to date (2009) have enacted legislation that include provisions for pets in DV protection orders.

1. California

CA FAM § 6320 - 6327; West's Ann. Cal. Fam. Code § 6320 - 6327

On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent.

 

2. Colorado 

CO ST § 18-6-800.3; C. R. S. A. § 18-6-800.3 

"Domestic violence" also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal.

 

3. Connecticut

CT ST § 46b-15; C. G. S. A. § 46b-15 

Under this Connecticut law, any family or household member who has been subjected to a continuous threat of present physical pain or physical injury by another family or household member or person in, or has recently been in, a dating relationship who has been subjected to a continuous threat of present physical pain or physical injury by the other person in such relationship may apply to the Superior Court for an order of protection . The court may also make orders for the protection of any animal owned or kept by the applicant including, but not limited to, an order enjoining the respondent from injuring or threatening to injure such animal.


 

4. Illinois

IL ST CH 725 § 5/112A-14; 725 I.L.C.S. 5/112A-14 

This Illinois law allows a court to issue an order of protection if the court finds that petitioner has been abused by a family or household member. It also allows for the protection of animals in domestic violence situations. The court can "[g]rant the petitioner the exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal."

 

5. Louisiana

LA R.S. 46:2135; LSA-R.S. 46:2135 

This Louisiana law allows a court to enter a temporary restraining order, without bond, as it deems necessary to protect from abuse the petitioner. Among the provisions is one that allows the court to grant ". . . to the petitioner the exclusive care, possession, or control of any pets belonging to or under the care of the petitioner or minor children residing in the residence or household of either party, and directing the defendant to refrain from harassing, interfering with, abusing or injuring any pet, without legal justification, known to be owned, possessed, leased, kept, or held by either party or a minor child residing in the residence or household of either party." 


 

6. Maine

ME ST T. 19-A § 4007; 19-A M. R. S. A. § 4007 

This Maine law concerning personal protection orders in cases of abuse was amended in March of 2006 to include companion animals in protection orders.  The new language specifies that a court may enter an order directing the care, custody or control of any animal owned, possessed, leased, kept or held by either party or a minor child residing in the household.

 

7. Nevada

NEV. REV. STAT. §33.018; NV ST §33.018 

In Nevada, a knowing, purposeful or reckless course of conduct intended to harass the other such as injuring or killing an animal, is included in their definition of Domestic Violence. A victim can then get a Protection Order and enjoin the adverse party from physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the applicant or minor child, either directly or through an agent.

 

8. New York

NY FAM CT § 842; McKinney's Family Court Act § 842 

This New York law pertains to the issuance of protection orders.  In July of 2006, the amendment that allows companion animals owned by the petitioner of the order or a minor child residing in the household to be included in the order was signed into law.  The law specifically allows a court to order the respondent to refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the petitioner or a minor child residing in the household.

 

9. Tennessee

TN ST §36-3-601; T. C. A. § 36-3-601 

Tennessee's Domestic Abuse definition includes inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by an adult or minor. 

 

10. Vermont

VT ST T. 15 § 1103; 15 V.S.A. § 1103

Vermont law was amended to allow a court to include an order relating to the possession, care and control of any animal owned, possessed, leased, kept, or held as a pet by either party or a minor child residing in the household in a domestic violence situation. 

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