Domestic Violence

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DE - Domestic Violence - § 1045. Relief available; duration of orders, modification and termination Delaware amended its law on protection orders in domestic violence situations to include protection of pets in 2023. Per subsection (a)(12), a court may "[g]rant the petitioner the exclusive care, custody, or control of any companion animal owned, possessed, leased, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent and order the respondent to stay away from the companion animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the companion animal."
Detailed Discussion - Protecting Animals: Domestic Abuse and Animal Abuse Linked


This is a detailed discussion of the connection between Domestic Abuse and Animal Abuse. This article explores how abusers use animals as a means of control and the problems that victims face when leaving a domestic violence situation with an animal. A few states allow a victim to include their animals in the protection order, and several other states are introducing similar legislation.
Detailed Discussion of Cross-Reporting Laws
Domestic Violence
Domestic Violence and Pets: List of States that Include Pets in Protection Orders This document lists the states that include pets in domestic violence protection orders with links to the actual statutes. As of 2024, 40 states as well as D.C. and Puerto Rico have enacted such laws. Also, see the Map of Pets in Domestic Violence Orders linked below.
ENACTING AND ENFORCING FELONY ANIMAL CRUELTY LAWS TO PREVENT VIOLENCE AGAINST HUMANS
FL - Domestic Violence - 741.30. Domestic violence; injunction; powers This Florida law allows petitioners to file injunctions for protection against domestic violence. Among the described incidents of domestic violence from which the petitioner may obtain protection is where the respondent has "intentionally injured or killed a family pet." The court may considers this as a factor when determining whether there is reasonable cause to believe the petitioner is in imminent danger of becoming a victim of domestic violence. In 2020, Florida added this provision to (5)(a)(4): "Awarding to the petitioner the temporary exclusive care, possession, or control of an animal that is owned, possessed, harbored, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent. The court may order the respondent to temporarily have no contact with the animal and prohibit the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal. This subparagraph does not apply to an animal owned primarily for a bona fide agricultural purpose, as defined under s. 193.461, or to a service animal, as defined under s. 413.08, if the respondent is the service animal's handler."
HI - Domestic Violence - Chapter 586. Domestic Abuse Protective Orders This law reflects Hawaii's provision for temporary restraining orders in cases of domestic abuse. The ex parte temporary restraining order may also enjoin or restrain both of the parties from taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household, until further order of the court (see (c)(4)).
IA - Domestic Violence - Chapter 236. Domestic Abuse Iowa now allows the court to grant petitioners exclusive care, possession, or control of any pets or companion animals in both temporary and permanent orders. The animals can belong to the petitioner, the abuser, or a minor child of the petitioner or the abuser. The court can also order the abuser to stay away from the animals and not take, hide, bother, attack, threaten, or otherwise get rid of the pet or companion animal.
IL - Domestic Violence - Article 112A. Domestic Violence 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. Under Section (b)(11.5), 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."

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