DOVER – Noting the connection between domestic violence and animal abuse, lawmakers filed a series of bills Tuesday that will collectively protect people and pets from dangerous situations by incorporating their safety into domestic abuse protections.
Various surveys and studies through the years have indicated that a large percentage of domestic and child abusers also target pets in the household, sometimes as a form of further psychological abuse. One study indicated that 75% of abused women who have companion animals report a history of their companion animal being threatened or intentionally harmed by their intimate partner. This correlation means that even when officials move swiftly to protect a partner or child, animals still can face injury or worse.
The bills filed Tuesday would weave animal welfare into various protections and proceedings addressing domestic violence and child abuse.
“Abuse in the home can reveal itself in many cruel and sad ways: a woman being strangled by her intimate partner, a child being beaten and bruised with a belt, or a cat being kicked down a flight of stairs,” said Rep. Krista Griffith. “Experts have been studying the link between domestic violence and animal cruelty. An animal being abused in the home is a red flag that other violence is likely to be occurring on a child or partner.
“These bills collectively recognize the importance that pets have on our lives and the link between abuse of a pet and violence against a family member. By protecting animals, we also will be protecting people who are vulnerable to serious injury and even death by a perpetrator of domestic violence.”
Sponsored by Sen. Nicole Poore, Senate Bill 70 would add several actions against a person’s companion animal or service animal to the definition of abuse for protection from abuse (PFA) proceedings, including engaging in cruelty, inflicting physical injury, and engaging in a course of alarming or distressing conduct.
“Our pets are members of our family. All too often, pets can get caught in the middle of family disputes or used as tools of manipulation or abuse,” said Sen. Poore. “This legislation addresses both animal welfare and domestic abuse by giving Family Court the authority to treat animal violence as a red flag in a protection from abuse case and keep pets away from abusers.”
SB 70 also would provide Family Court the authority to include provisions in a protection from abuse order that grant a petitioner exclusive care, custody, or control of a companion animal and order a petitioner to stay away from the companion animal.
According to the Animal Welfare Center, 37 states currently provide for pets to be included in protection from abuse orders.
Sponsored by Sen. Stephanie Hansen, Senate Bill 71 would require law enforcement agencies, the Department of Services for Children, Youth and Their Families, and the Department of Justice to report suspected animal cruelty to the Office of Animal Welfare that is discovered while performing their responsibilities in child welfare cases.
“Injuring an animal is often a precursor to violence against a child, spouse, or intimate partner,” said Sen. Hansen. “Social workers and case workers can play key roles in cross-reporting animal abuse and human violence. This bill will direct enforcement agencies to be on the lookout for warning signs that may indicate future abuse and report it to the Office of Animal Welfare.”
SB 71 also would provide immunity to people who in good faith, report suspected animal cruelty.
Sponsored by Rep. Griffith, House Bill 95 would require Family Court to award possession and provide for the care of companion animals when dividing marital property after considering the wellbeing of the companion animal. The court would be able to consider each person’s ability to care for the animal, the pet’s attachment to each person, and how much time and effort each person spent tending to the animal’s needs.
“Dividing property can be really challenging for divorcing couples. While we all may be attached to certain items of furniture or artwork, the connection between a person and a family pet is deeply personal,” said Rep. Griffith. “HB 95 recognizes that connection and will allow our Family Court judges to look at companion animals differently than other property when deciding on where the pet should live.”
Under HB 95, once a petition for divorce or annulment has been filed, a companion animal could not be transferred, concealed, disposed of, or spayed or neutered without the written agreement of both parties.
The bills grew out of an Animal Welfare and Family Law seminar organized by Family Court Judge Jennifer B. Ranji last year, during which speakers discussed the correlation between animal cruelty and domestic abuse and the ways that studying this connection may help reduce both serious problems.
“The strong link between intra-familial abuse and animal abuse offers an opportunity for courts and agencies to better assess risk and effectively respond to these forms of violence,” said Judge Ranji. “In addition, understanding the important role of family pets, particularly to the well-being of children who are emotionally connected to them, supports the inclusion of pets in Family Court ancillary orders following divorce proceedings. This legislative package will lead to better responses to these forms of abuse and more effective orders for families and children going through a divorce.”
The bills were introduced in advance of National Child Abuse Prevention Month and Prevention of Cruelty to Animals Month, both of which are recognized in April.
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