Domestic Violence

Summary: En este asunto, un hombre apuñaló repetidamente al perro de su novia, "Dachi", después de que ella le confesara que tenía una aventura con su amigo. El hombre había estado bebiendo y tomando 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.

Summary: Delaware amended its law on protection orders in domestic violence situations to include protection of pets in 2023. Per subsection (a)(12), a court may "[g]rant the petitioner the exclusive care, custody, or control of any companion animal owned, possessed, leased, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent and order the respondent to stay away from the companion animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the companion animal."

Summary: 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.

Summary: In 2002, Kentucky amended its laws related to domestic violence protection orders to include domestic animals. "Domestic animal" is defined as a dog, cat, or other animal that is domesticated and kept as a household pet, but does not include animals normally raised for agricultural or commercial purposes. The definition of "domestic violence" was expanded to include "[a]ny conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137, or the infliction of fear of such imminent conduct, taken against a domestic animal when used as a method of coercion, control, punishment, intimidation, or revenge directed against a family member or member of an unmarried couple who has a close bond of affection to the domestic animal." Following a hearing, a court may issue a domestic violence order that awards possession of any shared domestic animal to the petitioner.

Summary: In 2022, Utah amended its law related to civil protection orders to include household animals. The amendments require that forms for a civil protective order must include "a space to indicate whether an order under Subsection 78B-7-603(2)(k) or (l) regarding a household animal is requested" under subsection (2)(c)(iv).

Summary: In 2022, Utah amended its statute defining "domestic violence" to include aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant.

Summary: 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.

Summary: 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.

Summary: In 2019, Wyoming amended its domestic violence protection order law by adding subparts (a)(ix) and (a)(x). Subpart (a)(ix) grants sole possession of any household pet, as defined in W.S. 6-3-203(o), owned, possessed or kept by the petitioner, the respondent or a minor child residing in the residence or household of either the petitioner or the respondent to the petitioner during the period the order of protection is effective if the order is for the purpose of protecting the household pet. In addition, under subpart (a)(x), the court may order that the respondent not have contact with the household pet(s) in the custody of the petitioner and prohibit the respondent from abducting, removing, concealing or disposing of the household pet if the order is for the purpose of protecting the household pet.