Domestic Violence & Animal Cruelty STATE LAWS

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1 Domestic Violence & Animal Cruelty STATE LAWS Note: this list is not comprehensive and includes states where animal cruelty is included in the definition of domestic violence or as a relief/remedy. California Prevention of Domestic Violence, Ex parte Order enjoining contact; companion animals Cal. Fam. Code 6320(b) (West 2013). (b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal. Colorado Offenses Involving the Family Relations, Domestic Violence Colo. Rev. Stat. Ann (1) (West 2013). (1) Domestic violence means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. Domestic violence also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship. Domestic Violence, Crime of violation of a protection order Colo. Rev. Stat. Ann (1)(a) (West 2013). (1) A person commits the crime of violation of a protection order if, after the person has been personally served with a protection order that identifies the person as a restrained person or otherwise has acquired from the court or law enforcement personnel actual knowledge of the contents of a protection order that identifies the person as a restrained person, the person: (a) Contacts, harasses, injures, intimidates, molests, threatens, or touches the protected person or protected property, including an animal, identified in the protection order or enters or remains on premises or comes within a specified distance of the protected person, protected property, including an animal, or premises or violates any other provision of the protection order to protect the protected person from imminent danger to life or health, and such conduct is prohibited by the protection order Connecticut Criminal Procedure, Arrest and Arraignment Issuance of protective orders in cases of stalking, harassment, sexual assault, risk of injury to or impairing morals of a child Conn. Gen. Stat. Ann. 54-1k(b) (West 2013).

2 (b) A protective order issued under this section may include provisions necessary to protect any animal owned or kept by the victim including, but not limited to, an order enjoining the defendant from injuring or threatening to injure such animal. District of Columbia Intrafamily Proceedings Generally. Hearing; evidence; protection order. D.C. Code (c)(10A) (West 2013). (c) If, after hearing, the judicial officer finds that there is good cause to believe the respondent has committed or threatened to commit a criminal offense against the petitioner or against petitioner's animal or an animal in petitioner's household, the judicial officer may issue a protection order that: (10A) Directs the care, custody, or control of a domestic animal that belongs to petitioner or respondent or lives in his or her household Under D.C. Code (West 2013), DC also has a reporting requirement for animal cruelty officers who suspect a child is neglected. Hawaii Domestic Abuse Protective Orders, Temporary restraining order, Haw. Rev. Stat (a), (c)(4) (West) (a) The ex parte temporary restraining order may also enjoin or restrain both of the parties from taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household, until further order of the court (c) The family court judge may issue the ex parte temporary restraining order orally, if the person being restrained is present in court. The order shall state that there is probable cause to believe that a past act or acts of abuse have occurred, or that threats of abuse make it probable that acts of abuse may be imminent. The order further shall state that the temporary restraining order is necessary for the purposes of: preventing acts of abuse or preventing a recurrence of actual domestic abuse and ensuring a period of separation of the parties involved. The order shall also describe in reasonable detail the act or acts sought to be restrained. Where necessary, the order may enjoin or restrain both parties from taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household, until further order of the court. The order shall not only be binding upon the parties to the action, but also upon their officers, agents, servants, employees, attorneys, or any other persons in active concert or participation with them. The order shall enjoin the respondent or person to be restrained from performing any combination of the following acts: (4) Taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household, until further order of the court. Illinois Order of protection, remedies IL ST CH 725 5/112A-14(b)(11.5) (West 2013). (b) Remedies and standards. The remedies to be included in an order of protection shall be determined in accordance with this Section and one of the following Sections, as appropriate: Section 112A-17 on emergency orders, Section 112A-18 on interim orders, and Section 112A-19 on plenary orders. The remedies listed in this subsection shall be in addition to other civil or criminal remedies available to petitioner (11.5) Protection of animals. Grant the petitioner the

3 exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal. Indiana Crime involving domestic of family violence, Ind. Code Ann (West 2013). Sec Crime involving domestic or family violence means a crime that occurs when a family or household member commits, attempts to commit, or conspires to commit any of the following against another family or household member: (14) A crime involving animal cruelty and a family or household member under IC (b)(2) or IC Beating vertebrate animal, Ind. Code Ann (West 2013). (b) A person who knowingly or intentionally beats a vertebrate animal commits cruelty to an animal, a Class A misdemeanor. However, the offense is a Class D felony if:(1) the person has a previous, unrelated conviction under this section; or(2) the person committed the offense with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member. Domestic violence animal cruelty, Ind. Code Ann (West 2013). Sec A person who knowingly or intentionally kills a vertebrate animal with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member commits domestic violence animal cruelty, a Class D felony. Louisiana Protection from Family Violence Act, Domestic Abuse Assistance, Temporary restraining order La. Rev. Stat. Ann. 46:2135(A)(7) (West 2013). A. Upon good cause shown in an ex parte proceeding, the court may enter a temporary restraining order, without bond, as it deems necessary to protect from abuse the petitioner, any minor children, or any person alleged to be an incompetent. Any person who shows immediate and present danger of abuse shall constitute good cause for purposes of this Subsection. The order may include but is not limited to the following: (7) Granting to the petitioner the exclusive care, possession, or control of any pets belonging to or under the care of the petitioner or minor children residing in the residence or household of either party, and directing the defendant to refrain from harassing, interfering with, abusing or injuring any pet, without legal justification, known to be owned, possessed, leased, kept, or held by either party or a minor child residing in the residence or household of either party. Maine Domestic relations, protection from abuse, relief, Me. Rev. Stat. tit. 19-A, 4007(1)(N) (West 2013).

4 1. Protection order; consent agreement. The court, after a hearing and upon finding that the defendant has committed the alleged abuse or engaged in the alleged conduct described in section 4005, subsection 1, may grant a protective order or, upon making that finding, approve a consent agreement to bring about a cessation of abuse or the alleged conduct. This subsection does not preclude the parties from voluntarily requesting a consent agreement without a finding of abuse. The court may enter a finding that the defendant represents a credible threat to the physical safety of the plaintiff or a minor child residing in the plaintiff's household. Relief granted under this section may include: N. 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. Nevada Acts which constitute domestic violence, Nev. Rev. Stat. Ann (1)(e)(7) (West 2013). 1. Domestic violence occurs when a person commits one of the following acts against or upon the person s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person s minor child or any other person who has been appointed the custodian or legal guardian for the person s minor child: (e) A knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to: (7) Injuring or killing an animal. North Carolina Domestic Violence, protective orders, relief N.C. Gen. Stat. Ann. 50B-3(a)(8), (9)(b1) (West 2013). (a) If the court, including magistrates as authorized under G.S. 50B-2(c1), finds that an act of domestic violence has occurred, the court shall grant a protective order restraining the defendant from further acts of domestic violence. A protective order may include any of the following types of relief: (8) 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. (9) Order a party to refrain from doing any or all of the following: b1. Cruelly treating or abusing an animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household. Oregon Legislative findings on relation between animal cruelty and domestic violence. Or. Rev. Stat. Ann (West 2013). The Legislative Assembly finds that: (1) There is a clear link between animal cruelty and crimes of domestic violence, including child abuse; and (2) It is in the public interest to enact legislation to encourage the permissive reporting of animal cruelty. Tennessee Domestic Abuse, Tenn. Code Ann (1) (West 2013).

5 (1) Abuse means inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means, placing an adult or minor in fear of physical harm, physical restraint, malicious damage to the personal property of the abused party, including inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by an adult or minor, or placing an adult or minor in fear of physical harm to any animal owned, possessed, leased, kept, or held by the adult or minor. Vermont Domestic Relations, Abuse Preventions, General Provision, Relief Vt. Stat. Ann. Tit. 15, 1103(2)(G) (West 2013). (2) The court order may include the following (G) an order concerning the possession, care, and control of any animal owned, possessed, leased, kept, or held as a pet by either party or a minor child residing in the household. Washington Local Juvenile Court Rules, Arraignment Juvenile Offense Proceedings, WA R KING SUPER CT LJuCR 7.6 (3) An in-court appearance by the juvenile and counsel is required, unless waived by the Court pursuant to (2)(A)(B)(C) for all cases in which the crime charged is a felony or for a gross misdemeanor or misdemeanor alleged to involve domestic violence (including violation of a domestic violence protection or no contact order), a sex offense, including any offense filed with an allegation of sexual motivation, a prostitution-related offense or any offense involving allegations of animal cruelty. West Virginia Law Enforcement Response to Domestic Violence, Law-enforcement officers to provide information, transportation and to report suspicions of animal cruelty W. Va. Code, (c) Whenever a law-enforcement officer, pursuant to a response to an alleged incident of domestic violence, forms a reasonable suspicion that an animal is a victim of cruel or inhumane treatment, he or she shall report the suspicion and the grounds therefor to the county humane officer within twenty-four hours of the response to the alleged incident of domestic violence.

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