Bringing an End to Human/Animal Violence.

Every day in counties across Minnesota, animals become victims of domestic abuse. In domestic violence situations, abusing pets is a damaging and terrifying way for a batterer to control, intimidate, and hurt other members of the family. In a number of states, the definition of domestic violence includes abuse of companion animals or damage, theft, or destruction of property. In a number of states, the law specifically tells courts they may grant custody of an animal to a victim and order the abuser to not harm the animal. Unfortunately, Minnesota’s law does neither.

Why Do We Need to Amend Minnesota’s Domestic Abuse Act?

Minnesota’s Domestic Abuse Act allows judges to issue an order called an “order for protection.” An order for protection is a legally enforceable order from which victims of domestic violence may work to rebuild their lives. In the order for protection, a judge may order up to fifteen different types of protection for a victim of domestic violence. Yet among these fifteen protections, none specifically allow a judge to order the care and custody of a family pet. None even specifically allow a judge to order the abuser to stop hurting the family pet. The good news is a bill is working its way through the Minnesota legislature right now to change that.

Senate File 838 (S.F. 838) and companion House File 1396 (H.F. 1396) would amend Minnesota’s Domestic Abuse Act by adding language that would allow the court in an emergency or non-emergency order for protection to “direct the care, possession, or control of a pet or companion animal owned, possessed, or kept” by a family member or order the abusing party to have “no contact with the pet or companion animal.”

Like the men, women, and children who would not leave their pets behind in Hurricane Katrina, many survivors of domestic abuse will not seek safety for themselves if it means leaving their pets in danger. Including pets in orders for protection will 1) give domestic violence victims a legal mechanism to keep the batterer away from their pets and 2) prompt judges to include pets in domestic violence protection orders. It will support a survivor’s journey to safety.

Calling Your State Representatives

You can help victims of domestic violence by calling your state representatives and telling them you support S.F. 838 and H.F. 1396. Please tell your family, friends, and co-workers about the bill so that they can call their representatives and urge them to support it too.

When asked why you support this bill, you can draw from your knowledge of domestic violence. You may even be able to draw from your own or a loved one’s experience of domestic abuse. You can also simply say that advocates know and research has shown that victims of domestic violence are often afraid to leave abusive situations because of concern for their pets. Including pets in orders for protection will help more victims of domestic violence by removing one more barrier to seeking safety.

Why State the Budget Deficit Is Not a Barrier to Passing this Bill

When asked why legislators should pass this bill now, at a time when the state is facing an almost $5 billion dollar budget shortfall, you can respond in two ways:

First, you can say that including pets in orders for protection will not strain state court resources because judges already consider numerous requests for relief when issuing orders for protection. In emergency situations, these requests may include consideration of whether to exclude the abusing party from the home or the victim’s place of employment and whether to order the continuation of insurance coverage. In non-emergency situations, these requests may include consideration of all the requests for relief available in emergency situations in addition to requests related to child custody, parenting time, support, restitution, use and possession of property, and treatment or counseling for the abusing party.

Second, you can say that including pets in orders for protection does not mandate that government house pets that cannot be taken to domestic violence shelters. When an order for protection excludes an abuser from the home, the pet stays in the home with the family. When a victim must enter a domestic violence shelter, pets covered in the order for protection can stay with family or with friends. Pets can also stay with a foster family in one of a growing number of animal rescue organizations dedicated to helping pets of domestic violence victims.

Join Us In Support

Amending Minnesota’s Domestic Abuse Act to include pets in orders for protection is considered meaningful and necessary by victim advocates, animal advocates, veterinarians, social workers, judges, lawyers, and public safety officers. Including pets in orders for protection will spare animals from cruelty. It will spare their caretakers from anguish. And it will protect survivors of domestic violence in Minnesota by protecting the animals they love and cannot imagine living their lives without.

Please call your representatives today and urge them to support S.F. 838 and H.F. 1396.

Filed under: ARLP Updates