Laws that include animals in protection orders

One continuing trend in 2023 was the passage of laws which allow courts to include animals in protection orders. Protection orders, more commonly known as restraining orders, are court orders protecting domestic violence victims from their abusers. Numerous studies have documented the link between animal cruelty and domestic violence. Offenders often use animals as tools in their abuse, exploiting the close bond victims have with their companion animals. Abusers may threaten or harm an animal in order to control or psychologically torment the animal’s guardian. Sadly, this form of coercive control is extremely effective.

“According to several studies, approximately 50% of women in domestic violence shelters report they delayed their escape from their abuser out of fear for their animals,” said Animal Legal Defense Fund Staff Attorney Kathleen Wood. “Therefore it is imperative that the law assist victims of abuse – both human and animal – safely flee abusive situations.”

As of December 2023, 40 of the 50 states, and 3 of the 6 territories, specifically permit courts to include animals in protection orders. In 2023 two states, Delaware and Nebraska, enacted laws permitting companion animals to be included in domestic violence protection orders.

Not all of these laws are created equal. The vast majority of those 40 state laws permit the court to grant custody of the animal to the domestic violence victim who is seeking the protection order. However, a handful merely provide that the court may prohibit the abuser from harming the animal – which is something that is already proscribed by state animal cruelty laws. Additionally, many of these laws are limited by species. Twenty-four of the states that explicitly permit animals to be included in protection orders are limited to companion animals like dogs or cats.

It is important to note that, even if a state or territory’s laws do not explicitly include animals in protection orders, there is typically a “catch-all” provision in protection order laws that allow judges to include whatever conditions are reasonable and necessary for the victim’s safety. Laws specifically providing for animal safety are still necessary because judges and domestic violence victims will be more likely to consider such requests. However, judges and human victims in all jurisdictions should be aware that they do have the ability to include animals in their protection orders.