In March 2006, a 50-year old woman from a rural area in Maine testified before the state Legislature that “it wasn’t just the cats and dogs; it was the sheep and the chickens. I was terrified for their welfare. I knew if I were to leave, he wouldn’t hesitate to kill them. He had done it before.” She had no expectation that her words would resonate and would become a catalyst for DV prevention and animal welfare advocates nationwide.
As many as 71% of victims in women’s shelters report that their abuser harmed, killed, or threatened family pets. Twelve independent surveys have reported that up to 48% of battered women have delayed their decision to leave, or have returned to their batterer, out of fear for the welfare of their pets or livestock.
Maine enacted the nation’s first laws in March 2006 that empower courts to include companion animals in DV protective orders. Within two months, Vermont and New York followed. In 2007, California followed suit. Family Code Sections 6320-6327 is just one law that gives courts the power to protect the victim’s animal companions.
Although the U.S. has the world’s oldest animal cruelty statutes, dating back to the Colonial era, animals are still considered personal property. Citizen advocate groups have pushed through the enactment of laws increasing animal protection. Growing recognition of the sheer number and emotional significance of pets in the lives of family violence victims has resulted in states rewriting various forms of animal abuse as felonies.
Several states have in fact mandated cross reporting of child abuse, animal abuse, and domestic violence; and the inclusion of pets in protective orders granted in cases of intimate partner violence. The rapid enactment of pets in protection order laws suggests that this strategy has exceedingly widespread public support.
Much as with domestic violence batterers, perpetrators of cruelty to animals are overwhelmingly male. Animal cruelty investigators and domestic violence law enforcement officers are frequently dealing with the same perpetrators. If the batterer is hurting the animals, the women and children could be next. Studies of battered women who have animals report that animal abuse had occurred “often” during the past 12 months and a high number reported the abuse to their pets have occurred almost always.
Fear for the welfare of household animals is a significant barrier that prevents many battered women from escaping abusive situations. Many do delay leaving abusive relationships out of concern for their animals’ welfare. When victims seeking shelter leave pets behind, abusers often retaliate by torturing or killing the pets.
Why include animals in protective orders? Killing, harming, threatening, or removing a pet is a form of emotional abuse for the victim and removes a source of unconditional love for women and children who are already living in terror.
The California Legislature passed SB 353 allowing pets to be included in protection orders based on the premise that “perpetrators often abuse animals in order to intimidate, harass, or silence their human victims.” It is clear that animals are killed, harmed, or threatened in abusive households. Including them in protection orders is an important to ensure their welfare and protect all victims. Disobeying such orders is a criminal act and would allow law enforcement and courts to have the power to punish accordingly.