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Overview of the Cycle of Domestic Violence and Animal Abuse |
This summary explores the link between domestic violence and animal abuse. It explains the threats that animals in domestic violence situations face. Some states allow animals to be included in protection orders and several others have initiated bills in their legislatures.
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People v. Garcia |
In this New York case, the court, as a matter of first impression, considered the scope of the aggravated cruelty law (§ 353-a(1)) in its application to a pet goldfish. Defendant argued that a goldfish should not be included within the definition of companion animal under the statute because there is "no reciprocity in affection" similar to other companion animals like cats or dogs. In finding that the statute did not limit the definition as such, the court held that defendant's intentional stomping to death of a child's pet goldfish fell within the ambit of the statute. Accordingly, the judgment of the Supreme Court, New York County that convicted defendant of attempted assault in the second degree, criminal possession of a weapon in the third degree, criminal mischief in the third degree, assault in the third degree (three counts), endangering the welfare of a child (three counts), and aggravated cruelty to animals in violation of Agriculture and Markets Law § 353-a(1) was affirmed.
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Placey v. Placey |
The appellate court held that the Protection from Abuse Act authorized the trial court to determine and award ownership of Preston the dog in a domestic violence dispute between a mother and daughter. It then awarded ownership rights to the mother because took better care of the Preston and it was in his best interest.
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PR - Domestic Violence - § 1678 Protection orders |
This Puerto Rico law provides that, in all cases in which a person is accused of domestic violence or child abuse, the court shall, by petition of party, issue a protection order for the petitioner so that he/she be the sole custodian of the animal. The court shall order the accused to keep far away from the animal and prohibit contact of any kind. Violation is a fourth-degree felony.
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RI - Domestic Violence - § 15-15-3. Protective orders--Penalty--Jurisdiction |
In 2019, Rhode Island added language to its law on protection orders in domestic abuse circumstances that protects household pets. Upon petition, a judge may order that a defendant vacate the household immediately, and "further provid[e] in the order for the safety and welfare of all household animals and pets." |
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Sample California Criminal Protection Order for Domestic Violence |
On January 1, 2009, this new protective order will be in effect in the State of California. This revised protective order includes Section 5, "For good cause shown, the court grants the protected persons named above the exclusive care, possession, and control of the following animals."
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SC - Domestic Violence - Protection from Domestic Abuse Act |
South Carolina now allows a judge to issue a protective order that prohibits the harm or harassment against any pet animal owned, possessed, kept, or held by the petitioner; any family or household member designated in the order; or the respondent if the petitioner has a demonstrated interest in the pet animal.The law also allows the judge to issue a protective order that provides for temporary possession of the personal property, including pet animals, of the parties and order assistance from law enforcement officers in removing personal property of the petitioner if the respondent's eviction has not been ordered. |
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State v. Abdi-Issa |
The Washington Supreme Court examined whether the trial court correctly considered whether animal cruelty may be designated as a crime of domestic violence. The incident stems from an evening after defendant insisted on taking his girlfriend's dog, a small Chihuahua and Dachshund mix, for a walk. The girlfriend testified that defendant had a history of disliking the dog and had previously threatened to kill both her and her dog. On that evening, two witnesses heard "a sound of great distress" and saw defendant making "brutal stabbing" motions toward the dog and then saw him kick the dog so hard that she flew into the air. After the witnesses called the police, the witnesses found the dog, still alive, in the bushes. Officers then transported the dog to a veterinary clinic where the dog subsequently died. One of the two witnesses had a panic attack at the scene and testified later that she continued to have panic attacks thereafter with flashbacks of the experience. Defendant was charged with first degree animal cruelty with a domestic violence designation and also two sentencing aggravators. The jury found defendant guilty of animal cruelty. The jury also found that Abdi-Issa and Fairbanks were in a domestic relationship prior to the crime, which allowed for a domestic violence designation. The jury returned mixed verdicts on the sentencing aggravators, finding that the crime involved a destructive and foreseeable impact on persons other than the victim, but they did not find that it manifested deliberate cruelty or intimidation of the victim. The court then imposed the maximum 12-month sentence for the crime of animal cruelty and an additional 6-month sentence for the aggravator. On appeal, the Court of Appeals vacated the domestic violence designation and the impact on others sentence aggravator. On appeal here, the Supreme Court found that animal cruelty could be designated a crime of domestic violence. The statute defining domestic violence has a non-exhaustive list of what crimes can constitute domestic violence. While animal cruelty is not listed, the court found that testimony of defendant's prior controlling behavior coupled with research showing how abusers use violence toward their victims' pets to manipulate and terrorize victims was sufficient. As to the sentencing aggravator, the court found that defendant's actions had a destructive and foreseeable impact on the witnesses who saw the animal cruelty. Thus, under these facts, the Court ruled that animal cruelty can be designated a crime of domestic violence and that the jury was properly instructed that it could find the impact on others sentencing aggravator. The judgment of Court of Appeals reversed and remanded. |
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THE CONNECTION BETWEEN ANIMAL ABUSE AND FAMILY VIOLENCE: A SELECTED ANNOTATED BIBLIOGRAPHY |
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The Link Among Animal Abuse, Child Abuse, and Domestic Violence |
This article discusses the link among animal abuse, child abuse, and domestic violence, with the intention of increasing attorney awareness of how such abuse impacts both clients and the community.
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