Are Pets Protected in Domestic Violence Situations?
I have heard that some states include the protection of pets in their protective orders in domestic violence actions. Is this for real?
Janet South Bend, Indiana
Janet, only a handful of states have passed this type of legislation.
The idea is to prevent even the threat of a violent act upon a pet to be used as leverage during domestic situations.
The model legislation for this type of action is below:
The Domestic Abuse Animal Protection Act
§1 Purpose:
The purpose of the Domestic Abuse Animal Protection Act is to allow for the inclusion of animals in domestic violence protective orders.
§2 Protection Orders:
(a) In any domestic violence case, the court shall order that the petitioner be granted 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 of the respondent.
(b) The court shall further order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.
§3 Penalties
(a) Any violation of this statute is a Class A misdemeanor.
(b) Any violation subsequent to the first violation is a Class 4 felony.
Contact your state legislator to encourage them to introduce this much-needed law.
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