Domestic Violence

Summary: In a protective order in Texas, the court may prohibit a party from removing a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, from the possession of a person named in the order. Furthermore, in a protective order, the court may prohibit the person found to have committed family violence from harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by or is in the actual or constructive care of a person protected by an order or by a member of the family or household of a person protected by an order.

Summary: Under Tennessee's Domestic Abuse Act, the definition section states that "abuse" includes inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by an adult or minor. Section 606(9) allows the court to direct the care, custody, or control of any animal owned, possessed, leased, kept, or held by either party or a minor residing in the household. Further, in no instance shall the animal be placed in the care, custody, or control of the respondent, but shall instead be placed in the care, custody or control of the petitioner or in an appropriate animal foster situation.

Summary:

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.

Summary: 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."

Summary: This Oklahoma law reflects the state's provision for protective orders in cases of domestic abuse. The person seeking a protective order may further request the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner, defendant or minor child residing in the residence of the petitioner or defendant. The court may order the defendant to make no contact with the animal and forbid the defendant from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.

Summary: This New York law pertains to the issuance of protection orders. In July of 2006, the amendment that allows companion animals owned by the petitioner of the order or a minor child residing in the household to be included in the order was signed into law. The law specifically allows a court to order the respondent to refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the petitioner or a minor child residing in the household (subsection (i)(1) - (2)).

Summary: In Nevada, a knowing, purposeful or reckless course of conduct intended to harass the other such as injuring or killing an animal, is included in their definition of Domestic Violence. A victim can then get a Protection Order and enjoin the adverse party from physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the applicant or minor child, either directly or through an agent.

Summary: This North Carolina law reflects the state's provision for protective orders in cases of domestic abuse. Per section (a)(8), a protective order may provide for possession of personal property of the parties, including the care, custody, and control of any animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household. The court may also order a party to refrain from cruelly treating or abusing an animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household as outline in (a)(9)(b1).

Summary: This law reflects Minnesota's provision for restraining orders in cases of domestic abuse. An amendment in 2010 concerns the care and keeping of a companion animal owed by either petitioner or respondent, and has a provision to allow the court to prevent harm to such animal. As stated in the law in subsection 6(a)(14) and (15), the court may provide relief that includes an order to "(14) direct the care, possession, or control of a pet or companion animal owned, possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent; and (15) direct the respondent to refrain from physically abusing or injuring any pet or companion animal, without legal justification, known to be owned, possessed, kept, or held by either party or a minor child residing in the residence or household of either party as an indirect means of intentionally threatening the safety of such person."

Summary: This Maine law concerning personal protection orders in cases of abuse was amended in March of 2006 to include companion animals in protection orders. The new language specifies that a court may enter an order directing the care, custody or control of any animal owned, possessed, leased, kept or held by either party or a minor child residing in the household. In 2013, the statute was amended to allow the court to enter an order directing the defendant to refrain from injuring or threatening to injure any animal owned, possessed, leased, kept or held by either party or a minor child residing in the household.