Including Pets in Domestic Violence Protection Orders in Arkansas

Guidance for Advocates and Attorneys for Domestic Violence Survivors

This guide is intended to serve as a resource¹ to help advocates and attorneys get pets of domestic violence (DV) survivors included in domestic violence protection orders in Arkansas.² We hope that this information will serve to simplify the process and help survivors take more control of their lives and escape abuse along with their pets.

Advocates and attorneys often play a crucial role in helping DV survivors understand and exercise their rights to include pets in such orders. There are typically four key steps in this process:

As early as possible, identify any pets, service animals, therapy animals, or any other animals who may live in the home.
Identify and review the state’s protection order laws. (See below.)
Gather evidence of any animal abuse or threats of animal abuse to present at the hearing. (See “Gathering Evidence” below.)
Help the DV survivor understand what relief is available to protect the animal, and use available opportunities to include the desired relief in any temporary or extended order.

Ask About Pets

The first step is to ask if any pets or other animals are present in the home. It is common for individuals experiencing domestic violence not to volunteer that they have a pet. They may assume there are no resources or protections for their pets and therefore believe it is pointless to raise the issue. In addition, under the stress of the circumstances they may forget to mention pet concerns. The following are examples of questions to flesh this out:

Does an animal—a pet, service animal, or support animal—live in your home?
Has your abuser ever harmed your pet or threatened to harm this animal?
How did the animal abuse or threat affect you?
Where is your pet right now?
Is your pet safe?
Do you want to ask that the court grant you custody of your pet?
Do you want to ask that the court order your abuser to stay away from your pet?
Do you have anything that might help us prove that the abuser has threatened or hurt the animal, e.g., veterinary bills or records, photographs, or eyewitnesses?

It is important to recognize the overall significance of asking about pets. Being able to present information about how the abuser has treated animals can be a valuable tool to illustrate the extent of the abuser’s controlling and violent behavior. Knowing whether a pet is involved may help not only the pet but also other abused parties. Many individuals experiencing domestic violence may decide not to leave due to fear of leaving a pet behind, and addressing such concerns increases the likelihood that they will escape an abusive situation.

Discuss Resources for Pets

It is often helpful to reassure the DV survivor that you will work with them to develop a safety plan for them, their family, and their pet(s). Does the individual intend to stay with friends or family members, but cannot take their pet? Are they moving into temporary housing or a domestic violence shelter that does not accept pets? Explain that there are safe havens for pets of DV survivors in many communities. Safe havens are sheltering services available in an area that help individuals who are experiencing domestic violence place their companion animals out of harm's way so that they may seek safety for themselves.

Safe havens operate differently from community to community. Some rely on networks of foster care homes or are allowed to use the additional kennel space of a local humane society or veterinarian. In some cases, domestic violence shelters house victims and pets together; others have pet kennels on site. Depending on the local arrangement, family members may be able to visit pets while they are in safekeeping. Confidentiality of the pet’s location is highly guarded in order to protect pets and family members.

Refer the DV survivor to the Animal Welfare Institute’s Safe Havens for Pets directory. This is a directory, searchable by zip code, of sheltering services for pets of DV survivors.³ Recommend that the DV survivor also do the following:

Keep on hand the phone number of the nearest 24-hour emergency veterinary clinic.
Establish ownership of the pet by creating a paper trail (e.g., obtain a license, have veterinarian records put in the petitioner’s name).
Keep emergency provisions for the pet. Pack a bag for the pet that includes these items:
- food
- medicine
- documents of ownership (receipts from adoption or purchase of pet, license to establish ownership, receipts for animal purchases)
- health documents (veterinary or vaccination records)
- leash
- ID and rabies tag, if a dog or cat (these will also help establish ownership)
- carrier
- toys
- bedding

Finally, in some circumstances where the animal and the DV survivor are separated, such as one involving a visit to the emergency room, the advocate or attorney may need to take steps to ensure that the animal is safe. Following a domestic violence call, the animal may be taken into custody by animal control and need to be claimed and transferred to safety later.

Arkansas Domestic Violence Protection Order Laws

Overview

Under Arkansas’s Domestic Abuse Act, a person subjected to domestic abuse can petition for an order of protection against their abuser. For purposes of obtaining a protection order, “domestic abuse” is defined as “(A) physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or (B) any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state.”⁴ Animals are not included within the statute’s definition of “family or household member.”

The Spousal Abuse Safety Plan Act, a subsection of the Domestic Abuse Act, however, states that “harming the pet of a spouse” constitutes “emotional abuse,” which is considered a form of “spousal abuse” under this subsection.⁵ This subsection is specific to spousal abuse (narrower than domestic abuse, which may involve non-spouses) and is focused on safety planning⁶ rather than the court process for obtaining a protection order. Nevertheless, the language would seem to indicate that, at least in some cases, harming a pet could be considered a form of domestic abuse.

Under the Domestic Abuse Act, a court issuing a protection order can award possession of a pet to the petitioner.⁷

Process

The petitioner must first submit a petition to the court, alleging “an immediate and present danger of domestic abuse” or “that the respondent [the abuser] is scheduled to be released from incarceration within thirty days and upon the respondent's release there will be an immediate and present danger of domestic abuse.” The petition is typically submitted at the county courthouse where the petitioner lives or where the abuse took place. Sample petition forms are available on the Arkansas Judiciary website (note that there is a specific form for use in Benton County):

Once the petition is submitted, an ex parte hearing is held, generally that same day, without the respondent present or notified. If an Ex Parte Order of Protection is granted, it will be effective once the respondent is served notice, and a full hearing (with both parties present) will be scheduled within 30 days.⁸

At the full hearing, a Final Order of Protection will be issued if the judge determines that long-term protection is merited. The Final Order of Protection can last from 90 days to 10 years, at the judge’s discretion. The final order “may be renewed at a subsequent hearing upon proof and a finding by the court that the threat of domestic abuse still exists.”⁹

Including pets on protection orders

Chronicling past abuse

Regardless of whether animal abuse itself is considered a form of domestic abuse in Arkansas (see discussion in “Overview” above), such abuse should be described as part of the respondent’s efforts to frighten and control the petitioner and to strengthen the request for possession of a pet. On the petition form and during the hearings, the petitioner can describe the respondent’s acts or threats of animal abuse. This would be included, as appropriate, in items 3–6 on the petition form not specific to Benton County. On the Benton County form, this information would be included in the Affidavit Accompanying Petition for Domestic Order of Protection (included in the packet).

Requesting possession of pets

On the petition form not specific to Benton County, there is no space for the petitioner to include a request for custody of pets. Therefore, it is necessary for the petitioner to make the request in person at the ex parte hearing and again at the full hearing. The Benton County Petition for Order of Protection does include a space (item 5) to request possession of pets. Petitioners in Benton County should still reiterate this request before the judge at the hearings.

The court would indicate that this request for possession of pets has been granted in the section of the protection order marked “Other Orders” (page 3 of the Ex Parte Order of Protection; page 5 of the Final Order of Protection).

Gathering Evidence for the Hearing

Fact-Gathering Questions

Answers to the questions listed in the above section titled “Ask About Pets” will not only aid in completing the petition, but will also help the evidence-gathering process for the hearing and offer the court a more comprehensive understanding of the circumstances. In preparation for the hearing, it may be particularly helpful to discuss the following with the DV survivor.

If the abuser has threatened to harm either the DV survivor’s animal or the abuser’s own animal, try to determine what the abuser specifically said. The statement should generally be admissible under evidence rules as an admission by a party opponent. Ask where and when the statement occurred, and if someone else may have heard the threat (e.g., a neighbor, another occupant of the home, or someone else present). Have the survivor describe the circumstances, including the topic of conversation and body language.

If the abuser physically hurt the pet, gather as many details as possible. In particular, find out if the animal needed veterinary care. If so, collect any evidence of the visit and consider if a subpoena to the animal hospital is appropriate. Either way, find out if any photos were taken and, if the abuse was recent, see if there is a way to obtain photographic evidence.

In addition to the fine details, be sure to capture the bigger picture of abuse. Have the survivor describe the series of events that led up to the incident of abuse as well as any past instances of conflict. What does the survivor believe motivated the abuse? How did they react to the abuse? How did the abuser act afterward? Did the abuse serve as an effective controlling behavior? For example, did the abuse prevent the survivor from leaving the home or going somewhere?

Remember, it is extremely important that the court understands how the animal abuse fits into abusive behavior generally. Being able to demonstrate with evidence that the abuser used the pet as a means to control the survivor can be crucial to convincing the court of the role animal abuse plays in domestic violence.

Evidentiary Issues

There are several common pieces of evidence that you may want to introduce:

Statements made by the abuser
Veterinary records
Photographs of injuries
Evidence of prior animal abuse
Prior convictions for animal abuse
Testimony of a police officer
Testimony of a veterinarian
Testimony of anyone who witnessed the abuse or immediate aftermath

Federal Domestic Violence Law: Paws Act

Although the process of obtaining a protection order is a civil matter, not a criminal one, violation of a protection order once it is in place is typically a crime under state law, punishable by fines and/or imprisonment. In some circumstances, it will also be a crime under federal law. In 2018, the provisions of the Pet and Women Safety (PAWS) Act were signed into law as part of the federal farm bill. The PAWS Act added language to Title 18, Chapter 110A of the US Code¹⁰—which pertains to interstate domestic violence and interstate stalking—that heightens protection for animals in situations involving protection order violations and stalking.

Interstate violation of a protection order occurs when someone crosses state lines (or by force, coercion, duress, or fraud causes another person to cross state lines) with the intent to engage in conduct that violates or would violate a protection order’s prohibition “against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person or the pet, service animal, emotional support animal,¹¹ or horse of that person.”¹²

Interstate stalking occurs when someone engages in conduct intending to kill, injure, harass, or intimidate another person (or place that person under surveillance for such purposes), so that it either

causes the person to have reasonable fear of death or serious bodily injury to themselves; their immediate family members, their spouse or intimate partner; or their pet, service animal, emotional support animal, or horse, or
“causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress” to the person, their immediate family members, or their spouse or intimate partner,

AND such behavior occurs when the stalker is either

traveling in interstate or foreign commerce,¹³ or
using “mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce.”¹⁴

It is important to emphasize that the latter provision means that stalking conducted via mail or computers—whether or not physical travel is involved—constitutes interstate stalking because use of the US mail and the electronic devices themselves involves activities that venture beyond state lines.

Federal authorities, not local and state law enforcement officers, are tasked with prosecuting violations of federal law. However, the Department of Justice recommends reporting such crimes, especially in an emergency, to the local authorities. The local district attorney will refer appropriate cases to a US attorney’s office. DV survivors and advocates also may wish to contact a local US attorney’s office or the Federal Bureau of Investigation directly. Each US attorney’s office has an Office of Violence Against Women contact person to take referrals under the interstate stalking law. Click on the links below for office locations:

US attorney offices
FBI field offices

Forms and Resources

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