It can be especially hard to escape an abusive situation if you’re worried what will happen to your beloved dog, cat, or other pet. Most people who are experiencing domestic violence know that they can ask for a court order (usually called a restraining order or protective order) designed to keep their abusers from hurting or threatening them. But abuse victims may not know that those orders—depending on where you live—may also cover companion animals.
The Link Between Domestic Abuse of People and Pets
Many studies suggest a link exists between domestic violence (sometimes called “intimate partner violence” or abuse) and animal cruelty. People who are violent toward any family members often threaten or hurt their companion animals as a way to keep the victims from getting help (also called coercive control). Some of these victims report putting off leaving their abusers because of concerns about their pets’ welfare. The link also shows up in cases of child and elder abuse.
What Domestic Violence Protective Orders Can Do for Pets
The vast majority of states have recognized and responded to this connection by allowing restraining orders to include companion animals. The level of protection varies from state to state. Generally, the orders may prohibit abusers from harming or threatening family pets. In some states, the court may give the protected person (the domestic violence victim) control over an animal, or it may order the abuser not to take a pet away from the victim. California has particularly strong laws in this area. Domestic violence victims in the state may get possession of their family pets even if the animals officially belong to the abuser. And restraining orders in cases of stalking and elder abuse may also protect the victim’s animal.
These protective orders can help in a tough situation. For one thing, people who’ve had to flee without their beloved pet may be able to retrieve the animal with the help of law enforcement. The abuser will also be put on alert that hurting the left-behind pet could result in serious legal consequences.
Still, problems remain. Depending on the priorities of local law enforcement, it might be a challenge to enforce restraining orders when the abuser ignores them. And where the law only protects an animal belonging to the protected person or children in the household, it can be difficult to prove who owns a family pet.
Other Laws on Animal Abuse and Domestic Violence
Even in states that don’t include pet protection in restraining orders, the laws may acknowledge the role of animal abuse in domestic violence by:
- listing animal cruelty as one of the behaviors that help victims prove they need a protective order
- including abuse or threats against the victim’s pet in the definition of domestic violence or criminal stalking
- allowing or requiring “cross-reporting” (for instance, animal control officers who are investigating animal cruelty may report signs of domestic violence, child abuse, or elder abuse in the home), or
- increasing penalties for animal cruelty when it’s done in front of a child or in order to intimidate someone (for more details, see our guide to state laws on animal cruelty).
Talking With a Lawyer
If your state doesn’t have a specific provision for animals in domestic violence protective orders, you might still be able to get a restraining order covering your pet—because most states allow judges to make additional orders at their discretion. An attorney experienced in family law or restraining orders should be able to explain the laws in your state (including the availability of orders to protect against elder abuse or harassment and stalking) and help get you the protection you need. If you can’t afford a lawyer, search for legal services in your area. Local courts in some states have self-help centers for domestic violence victims.
If someone has applied for a restraining order against you, an attorney experienced in family law or restraining orders can explain the legal consequences, how you might fight the order or get the terms changed, and whether you would qualify for a mutual restraining order if the abuse is going both ways. A lawyer can also represent you at the court hearing on the order to help protect your rights. And if criminal charges have been filed or even are a possibility, consider consulting with a criminal defense lawyer or, if you’re being accused of animal cruelty, an animal law attorney.