Protecting Domestic Violence Survivors by Protecting Their Pets: Laws & Other Resources

Nancy Blaney, Senior Policy Advisor, Animal Welfare InstituteMary Lou Randour, Ph.D., Senior Policy Advisor, Animal Welfare

Institutehttps://awionline.org/content/animals-family-violence

ANIMAL ABUSE AS PREDICTOR OF ONSET OF DOMESTIC VIOLENCE

Risk Factors Associated With Becoming a Batterer: ANIMAL ABUSE High school dropout Fair/poor mental

health Drug/alcohol abuse

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CO-OCCURRENCE OF ANIMAL CRUELTY & DOMESTIC VIOLENCE 71% of battered women report that pets had

been threatened, harmed, or killed by their partners.

Batterers who also abuse the pet use more forms of violence and demonstrate greater use of controlling behaviors than batterers who do not.

Up to 48% of victims delayed seeking safety out of concern for pets’ welfare. 65% if the pets had already been abused.

85% of domestic violence shelters indicated that women coming to their facilities spoke of incidents of pet abuse.

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PETS IN PROTECTION ORDERS

Twenty-nine states, + D.C. and Puerto Rico, now have laws that permit listing of pets in protection orders.

Pets can be included in sections pertaining to property and/or child custody.

Conditions bonds also can include pets. TPO can authorize law enforcement to assist

with removal of pet from home.

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TWO METHODS TO SPECIFICALLY INCLUDE PETS IN PROTECTION ORDERS The law may include abuse or threatened

abuse of an animal as an “underlying offense,” which can form factual basis for issuance of order. Seven states and the District of Columbia

have such provisions. A state’s law may include a “stay away and/or

pet custody” statutory provision specifically authorizing court to restrain abuser from harming animal as part of petitioner’s requested relief, and/or granting custody of the pet to the petitioner.

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WHAT IF MY STATE DOES NOT HAVE A TRO LAW FOR PETS? Even if your state does not have a specific

provision, most state Temporary Restraining Orders (TROs) contain language that gives courts discretion to permit additional orders. For example, a court can order pets to be included in a TRO, just as they can provide for the temporary care of children or possession of property. Bond conditions also can include pets. And a TRO can authorize law enforcement to assist with the removal of a pet from a home.

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REPRESENTING DOMESTIC VIOLENCE SURVIVORS WITH PETS Representing Domestic Violence Victims With Pets are state

manuals designed to enable lawyers and advocates to further assist domestic violence survivors by getting their companion animals included on protection orders. Compiled by attorneys and law students working with AWI staff, the manuals summarize legal issues surrounding the inclusion of pets in civil protection orders, give details about the laws in that specific state, and provide links to relevant forms and outside resources.

AWI plans to produce a similar resource for every state to make this critical information available to attorneys and advocates nationwide.

Available now: Colorado District of Columbia, Maryland & Virginia Florida Maine Wisconsin

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UP-TO-DATE LISTING OF STATES WITH PET PROTECTION ORDERS

For a list of states with laws that include pets in Temporary Restraining Orders, please go to the website maintained by the Animal Legal and Historical Center at Michigan State University College of Law, "Domestic Violence and Pets: List of States that Include Pets in Protection Orders.“

https://www.animallaw.info/filters?topic=25221&species=All&type=statute&country=All&jurisdiction=All&combine_op=contains&keyword

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PET AND WOMEN SAFETY (PAWS) ACT (H.R. 1258 and S. 1559) Amends the federal criminal code to prohibit threats or acts of

violence against a person's pet under the offenses of stalking and interstate violation of a protection order. Defines "pet" to mean a domesticated animal that is kept for pleasure rather than for commercial purposes.

Requires the "full amount of the victim's losses" for purposes of restitution in domestic violence and stalking offenses to include any costs incurred for veterinary services relating to physical care for the victim's pet.

Directs the Department of Agriculture to award grants to eligible entities to carry out programs to provide specified housing assistance, support services, and training of relevant stakeholders to victims of domestic violence, dating violence, sexual assault, or stalking and their pets.

Expresses the sense of Congress that states should encourage the inclusion of protections against violent or threatening acts against the pet of the person in domestic violence protection orders.

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SAFE HAVENS MAPPING PROJECTHTTPS://AWIONLINE.ORG/CONTENT/SAFE-HAVENS-MAPPING-PROJECT-PETS-DOMESTIC-VIOLENCE-VICTIMS

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SAFE HAVENS FOR PETS OF DOMESTIC VIOLENCE VICTIMS

The Animal Welfare Institute’s Safe Havens Mapping Project is an integrated, comprehensive state-by-state listing of sheltering services for the animals of domestic violence victims.

The entities included in the listing, which is subject to ongoing refinement and updating, either provide sheltering services for the animals of domestic violence victims, have a relationship with an entity that does, or provide referrals to such facilities.

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SAFE HAVENS FOR PETS OF DOMESTIC VIOLENCE VICTIMS 1,423 entries in 50 states (includes SAF-

T as well as other types of sheltering) Partnering with the National Domestic

Violence Hotline Map gets up to 200 visits per month as

result of the Hotline providing a link

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CRISIS AND INTAKE QUESTIONS Ask about pets  during  hotline  calls and  again

during intake. Many  domestic  violence  victims  report  that

 they  delayed leaving  because  they didn’t  know  how  to  find  safety  

for  their  companion  animals. When  they  contact  a  shelter  or  other

 agency,  they  may  not  voluntarily  ask  for  help  with their pets if they assume  that  no assistance  exists.

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CRISIS AND INTAKE QUESTIONS

Sample Questions: Do you have a pet? Has your abuser ever harmed or threatened to

harm your pet? Do you need a safe place for your pet? Do you want to as the court to order your

abuser to stay away from your pet and/or to award custody of the pet to you?

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THE BOND BETWEEN CHILDREN AND ANIMALS

63% of U. S. households have at least one pet.

When asked to name the 10 “most important” individuals in their lives, 7 and 10-year-olds included two pets on average.

In another study, 45% of five-year-olds responded “my pet” when asked to whom they turn when feeling sad, angry, happy or wanting to share a secret. 16

WITNESSING FAMILY VIOLENCE Children exposed to domestic violence suffer more

emotional and behavioral problems, enjoy less social and cognitive competence, and exhibit more health problems than children not exposed.

Family violence leaves a genetic imprint on children. Shorter telomeres are linked to higher risks of heart

disease, obesity, cognitive decline, mental illness and poor health outcomes in adults.

Children exposed to domestic violence more likely to have committed animal cruelty.

Children who have been exposed to multiple forms of violence are more at risk that those exposed to single or isolated events.

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ASKING CHILDREN ABOUT THEIR RELATIONSHIP WITH ANIMALS

Have you or your family ever had any pets? What happened to them?

Do you have a pet or pets now? Have you ever lost a pet you really cared about? What

happened? Has your pet ever been hurt? Have you ever felt afraid for your pet or worried about

bad things happening to your pet? Has anybody ever tried to make you do something you

didn’t want to do by threatening to hurt your pet? What happened?

Have you ever seen someone hurt an animal or pet?  Tell me what happened.

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SELECTED REFERENCES

Ascione, F.R., Weber, C.V., Thompson, T.., Heath, J., Maruyama, M., & Hayashi, K. (2007).Battered pets and domestic violence: Animal abuse reported by women experiencing intimate violence and by non-abused women. Violence Against Women, 3, pp. 354-373.

DeGue, S., & DiLillo, D. (2009). Is animal cruelty a “red flag” for family violence? Investigating co-occurring violence toward children, partners, and pets. Journal of Interpersonal Violence, 24, 1036-1056.

Febres, J., Brasfield, H., Shorey, R.C., Elmquist, J., Ninnemann, A., Schonbrun, Y.C.., Temple, J.R., Recupero P.R., & Stuart, G.L.(2014). Adulthood animal abuse among men arrested for domestic violence. Violence Against Women, 20(9), 1059-1077.

Flynn, C. P. (2000). Why family professionals can no longer ignore violence toward animals. Family Relations, 49, 87-95.

Simmons, C.A., & Lehmann, P. (2007). Exploring the link between pet abuse and controlling behaviors in violent relationships. Journal of Interpersonal Violence, 22, pp.1211-1222.

Walton-Moss, B.J., Manganello, J., Frye, V., & Campbell, J. (2005). Risk factors for intimate partner violence and associated injury among urban women. Journal of Community Health, 30(5), pp. 377-389.

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