Domestic Violence
Displaying 31 - 40 of 64
Title |
Summary |
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| MO - Domestic violence - 455.045. Temporary relief available--ex parte orders | Missouri amended its laws on domestic violence protection orders in 2021 to include the protection of pets. Any ex parte order of protection shall be to protect the petitioner from domestic violence, stalking, or sexual assault and may include "[a] temporary order of possession of pets where appropriate." “Pet” is defined as a living creature maintained by a household member for companionship and not for commercial purposes. |
| NC - Domestic Violence - Chapter 50B. Domestic Violence. § 50B-3. Relief | This North Carolina law reflects the state's provision for protective orders in cases of domestic abuse. Per section (a)(8), a protective order may provide for possession of personal property of the parties, including the care, custody, and control of any animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household. The court may also order a party to refrain from cruelly treating or abusing an animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household as outline in (a)(9)(b1). |
| NE - Domestic Violence - 42-924. Protection order; when authorized; | In 2023, Nebraska amended the Protection from Domestic Abuse Act to include household pets in protection orders. "Household pet" means any animal maintained for companionship or pleasure but does not include any animal kept primarily for commercial purposes or for consumption or any livestock animal as defined in section 54-902. Any victim of domestic abuse may file a petition and affidavit for a protection order as provided in this section. The court may issue a protection order granting relief that includes giving the petitioner sole possession of any household pet owned, possessed, leased, kept, or held by the petitioner, the respondent, or any family or household member residing in the household of the petitioner or respondent. The court may also enjoin the respondent from coming into contact with, harming, or killing any household pet owned, possessed, leased, kept, or held by the petitioner, the respondent, or any family or household member of the petitioner or respondent. |
| NH - Domestic Violence - Chapter 173-B. Protection of Persons from Domestic Violence | New Hampshire now considers animal cruelty to be “abuse” under its protection of persons from domestic violence statute. The law now allows a judge to grant the petitioner of a protective order exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by the victim, the abuser, or a minor child in the household; the law also allows a judge to order the abuser to stay away from the pet in both temporary and final domestic violence protective orders. |
| NJ - Domestic Violence - Chapter 25. Domestic Violence | On January 17, 2012, Governor Christie signed the Domestic Violence Pet Protection Law . The law authorizes courts to include pets in domestic violence restraining orders. The court is allowed to enter an order " . . . directing the possession of any animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household. Where a person has abused or threatened to abuse such animal, there shall be a presumption that possession of the animal shall be awarded to the non-abusive party." This is listed in N. J. S. A. 2C:25-29(b)(19). Other sections are provided for definitions and background to section 29. |
| NV - Domestic Violence - Chapter 33. Injunctions. Orders for Protection Against Domestic Violence. | 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. |
| NY - Domestic Violence - Article 8. Family Offenses Proceedings. | 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 (subsection (i)(1) - (2)). |
| OH - Domestic Violence - 3113.31 Petitions; protection orders concerning domestic violence | This Ohio law concerns protection orders in cases of domestic violence. In 2014, the law was amended to allow a court to grant a protection order that may: (E)(1)(i) require that the respondent not remove, damage, hide, harm, or dispose of any companion animal owned or possessed by the petitioner; and (j) authorize the petitioner to remove a companion animal owned by the petitioner from the possession of the respondent. “Companion animal” has the same meaning as in section 959.131 of the Revised Code, which is defined as any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept. The term “companion animal” does not include livestock or any wild animal. |
| OK - Domestic Violence - § 60.2. Protective order--Petition--Complaint requirement for certain stalking victims--Fees | This Oklahoma law reflects the state's provision for protective orders in cases of domestic abuse. The person seeking a protective order may further request the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner, defendant or minor child residing in the residence of the petitioner or defendant. The court may order the defendant to make no contact with the animal and forbid the defendant from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal. |
| OR - Domestic Violence - 107.718. Court order when petitioner in imminent danger of abuse (allows pets) | Under this Oregon law, if requested by a petitioner who has been the victim of domestic abuse, the court may enter an order to protect a companion or therapy animal. This includes an order to "[p]revent the neglect and protect the safety of any service or therapy animal or any animal kept for personal protection or companionship, but not an animal kept for any business, commercial, agricultural or economic purpose." |