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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." |
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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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PA - Domestic violence - § 6108. Relief |
This Pennsylvania law entitled the Pennsylvania's Protection from Abuse (PFA) Act was amended in 2024, effective in 2025. Under new subsection (a)(9.1), an order or agreement of protection may include, "[g]ranting temporary ownership rights over a companion animal and directing the defendant to refrain from possessing, contacting, attempting to contact, transferring or relocating the companion animal or contacting or entering the property of any person sheltering the companion animal." |
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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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Resolución Nro. 03, Exp 01128-2023-0-1814-JR-PE-03, Caso "Dachi" - Peru |
Este es el caso de un hombre apuñaló repetidamente a "Dachi," elperro de su novia. Los hechos se dieron después de que ella le confesara que tenía una aventura con su amigo. El hombre había estado bebiendo y consumiendo drogas y en su ira, actuó violentamente contra Dachi como venganza contra su novia. Dachi sobrevivió, pero los veterinarios no estaban seguros de cuánto tiempo viviría ni de su calidad de vida. Más tarde se descubrió que el hombre tenía inestabilidades psicológicas y había cometido varios delitos más. Fue declarado culpable de delitos contra la propiedad y crueldad con los animales y se le impuso una pena de encarcelamiento y una multa civil. |
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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. |
