Domestic Violence

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WY - Domestic Violence - § 35-21-105. Order of protection; contents; remedies; order not to affect title to property; conditions In 2019, Wyoming amended its domestic violence protection order law by adding subparts (a)(ix) and (a)(x). Subpart (a)(ix) grants sole possession of any household pet, as defined in W.S. 6-3-203(o), owned, possessed or kept by the petitioner, the respondent or a minor child residing in the residence or household of either the petitioner or the respondent to the petitioner during the period the order of protection is effective if the order is for the purpose of protecting the household pet. In addition, under subpart (a)(x), the court may order that the respondent not have contact with the household pet(s) in the custody of the petitioner and prohibit the respondent from abducting, removing, concealing or disposing of the household pet if the order is for the purpose of protecting the household pet.
WV - Domestic Violence - § 48-27-503. Permissive provisions in protective order. In West Virginia, the terms of a protective order may include awarding the petitioner 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 and prohibiting the respondent from taking, concealing, molesting, physically injuring, killing or otherwise disposing of the animal and limiting or precluding contact by the respondent with the animal. Furthermore, West Virginia mandates that law enforcement officers who suspect animal cruelty during an alleged incident of domestic violence must report that suspicion and the grounds therefor to the county humane officer within twenty-four hours of the response to the alleged incident of domestic violence.
WI - Domestic Violence - 813.12. Domestic abuse restraining orders and injunctions These Wisconsin statutes concern restraining orders or injunctions in domestic abuse cases, child abuse cases, and cases filed by "individuals as risk." In each of these laws, there are protections for “household pets,” defined as domestic animals that are not farm animals, as defined in s. 951.01(3), that are kept, owned, or cared for by the petitioner or by a family member or a household member of the petitioner. In both cases of domestic abuse and child abuse, a judge or circuit court commissioner shall issue a temporary restraining order ordering the respondent to refrain from removing, hiding, damaging, harming, or mistreating, or disposing of, a household pet, to allow the petitioner or a family member or household member of the petitioner acting on his or her behalf to retrieve a household pet, or any combination of these remedies requested in the petition. The domestic abuse and child abuse laws then outline the procedures for obtaining an injunction that includes those protections for domestic pets if requirements are met under the laws. In section 813.123, an "individual at risk," may also seek a TRO and injunction that orders the respondent to refrain from removing, hiding, damaging, harming, or mistreating, or disposing of, a household pet and allow the individual at risk or a guardian, guardian ad litem, family member, or household member of the individual at risk acting on his or her behalf to retrieve a household pet.
Why is it a Crime to Stomp on a Goldfish -- Harm, Victimhood and the Structure of Anti-Cruelty Offenses


Part I provides a brief recount of the history of Anglo-American statutes prohibiting harm to animals. In Part II, the notions of victimhood, consent and harm are explored in order to lay the groundwork for the claims that will be put forth in the remainder of the article. Part III examines five different theories advanced to explain the interest society seeks to promote by punishing acts that are harmful to animals. Part IV explains why it is not necessarily the case, as some animal law scholars have argued, that because animal cruelty statutes allow for the infliction of harm to animals as a result of hunting, scientific activities and farming, the interest primarily sought to be protected by these laws is something other than the protection of animals.
Where's Fido: Pets are Missing in Domestic Violence Shelters and Stalking Laws
WA - Domestic Violence - 26.50.060. Relief--Duration--Realignment of designation of parties--Award of costs, service fees, and a This Washington law reflects the state's provision for protective orders in cases of domestic abuse. In addition to other forms of relief, a court may also order possession and use of essential personal effects. Per subsection (l), personal effects may include pets. The court may order that a petitioner be granted the exclusive custody or control of any pet owned, possessed, leased, kept, or held by the petitioner, respondent, or minor child residing with either the petitioner or respondent and may prohibit the respondent from interfering with the petitioner's efforts to remove the pet (see (1)(l)).. The court may also prohibit the respondent from knowingly coming within, or knowingly remaining within, a specified distance of specified locations where the pet is regularly found.
VT - Domestic Violence - § 1103. Requests for relief. Any family or household member may seek relief from abuse by another family or household member on behalf of him- or herself or his or her children by filing a complaint under this chapter. Included among the relief that the court can grant is an order concerning 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 section (c)(2)(G).
VA - Domestic Violence - Protective orders In 2014, Virginia amended its Protective Order laws to grant petitioners possession of any “companion animal," so long as the petitioner is considered the owner. Companion animals include any family pets, such as dogs, cats, hamsters, etc., but do not include farm animals. To be considered an owner, a petitioner must either have a property interest in the animal, keep or house the animal, have the animal in their care, or have acted as a custodian of the animal. This new provision is now included in Virginia's Emergency Protective Orders, Preliminary Protective Orders, and Protective Orders.
UT - Domestic Violence - § 78B-7-105. Forms for petitions, civil protective orders, and civil stalking injunctions In 2022, Utah amended its law related to civil protection orders to include household animals. The amendments require that forms for a civil protective order must include "a space to indicate whether an order under Subsection 78B-7-603(2)(k) or (l) regarding a household animal is requested" under subsection (2)(c)(iv).
UT - Domestic Violence - Cohabitant Abuse Procedures Act. 77-36-1. Definitions In 2022, Utah amended its statute defining "domestic violence" to include aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant.

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