Including Pets in Domestic Violence Protection Orders in Kentucky

Guidance for Advocates and Attorneys for Domestic Violence Survivors1

This guide is intended to serve as a resource2 to help advocates and attorneys get pets of domestic violence (DV) survivors included in domestic violence protection orders in Kentucky.3 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:

  1. As early as possible, identify any pets, service animals, therapy animals, or any other animals who may live in the home.
  2. Identify and review the state’s protection order laws. (See below.)
  3. Gather evidence of any animal abuse or threats of animal abuse to present at the hearing. (See “Gathering Evidence” below.)
  4. 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.4 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.

Kentucky Domestic Violence Protection Order Laws

Obtaining a protective order

In Kentucky, a person experiencing domestic violence, dating violence, sexual assault, or stalking can obtain emergency and/or long-term protective orders against the perpetrator. The laws pertaining to such orders are codified in Chapters 403 and 456 of the Kentucky Revised Statutes. Detailed information on the circumstances that would justify a protective order and the process for obtaining one is available at WomensLaw.org. 

An individual wishing to obtain a protective order must first fill out a petition form and submit it to the circuit court in the county where they reside. The same form is used to petition for either a domestic violence order (DVO) or—in the case of dating violence, sexual assault, or stalking—an interpersonal protective order (IPO). The petition form (a PDF file that can be filled out online prior to printing) and a booklet outlining the petition process can be downloaded from the Kentucky Court of Justice website. The petitioner can also create a completed form by answering questions during a self-guided online interview on the a2j.org website. Direct links to these resources are provided below:

Once the petition is filed with the court, it will be immediately submitted to a judge or a trial commissioner for review. The court will then take one of three actions: 

  1. If the allegations in the petition indicate that the petitioner is in immediate and present danger, the court will issue an emergency protective order (EPO) or a temporary interpersonal protective order (TIPO) and schedule a formal hearing within 14 days to determine whether a long-term order is needed.
  2. If the court determines that there is no immediate danger, the court may still schedule a formal hearing to decide whether a long-term protective order is appropriate.
  3. Dismiss the petition if the alleged acts would not constitute domestic violence, dating violence, sexual assault, or stalking under Kentucky law.

Including pets on a protective order

Describing past pet abuse

On the petition form and at the hearing, it is important to describe past acts of pet abuse by the petitioner’s abuser (referred to as the “respondent”) to show why the pet(s) should be protected under the order. In addition, under Kentucky law, the definition of domestic/dating “violence and abuse” includes pet abuse or the threat of pet abuse when used by the respondent as a method of coercion, control, punishment, intimidation, or revenge against the petitioner.5 Describing such acts, therefore, not only shows why the pet(s) should be protected, but also provides an underlying basis for the court to issue an order protecting the petitioner.

On the petition form, past pet abuse by the respondent should be described in the blank space provided at the bottom of page 1. (Additional sheets of paper can be attached to the form, if needed.)

Requesting protection and custody of pets

The section of the petition form in which the petitioner makes specific requests for relief begins on the page labeled “Page 3 of 4” (actually the 4th page of the 5-page form) under the heading “Motion for Relief.” At the top of this page, under the statement “(1) Issue an emergency or temporary protective order based on the presence of an immediate and present danger of domestic violence and abuse, dating violence and abuse, stalking, or sexual assault to:” the petitioner should do the following:

  1. Check the first box, next to the statement “restrain Respondent from committing any further acts of domestic violence and abuse, dating violence and abuse, stalking, or sexual assault.” (As explained above, such acts include abuse of pets or threats of such abuse committed as a means of coercion, control, punishment, intimidation, or revenge against the petitioner.)
  2. Check the final box, next to the statement “award possession of the following shared domestic household pet(s) to Petitioner:” In the space provided below this, include the name, type/breed, and color of the pet(s). If listing more than three pets, additional pages can be attached to the petition form.6

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 Code7—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 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,8 or horse of that person.”9

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

  1. 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
  2. “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

  1. traveling in interstate or foreign commerce,10 or
  2. 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.”11

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

Kentucky Official Forms and Government-Sponsored Resources

Kentucky Organizations

National Organizations

Further Reading

1. AWI would like to thank Shelby White, Colorado Law, for their assistance in compiling this information.

2. Nothing in this material should be considered legal advice. This guide is designed to facilitate access to available information and resources, and to identify issues and steps to consider in the course of seeking protection for pets of domestic violence survivors. While we try to keep the information up-to-date, we cannot assure that it remains accurate at the time a reader accesses it; please consult an official source for the most current language of any statute or other legal requirements. While we have provided links to third party websites that contain additional information, we cannot guarantee the availability or quality of services at those sites.

3. This guide does not attempt to describe procedures focused on protecting survivors themselves, their children or other human family members. There are numerous resources available to address issues specific to human survivors, including but not limited to Women’s Law and the National Domestic Violence Hotline.

4. The directory reflects an effort to identify services that offer shelter for the pets of domestic violence victims. We cannot guarantee the availability or quality of services at any particular location.

5. Specifically, the legal definitions of “domestic violence and abuse” in KRS 403.720 and “dating violence and abuse” in KRS 456.010 include “[a]ny conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137 [1st degree animal cruelty, 2nd degree animal cruelty, torture of a dog or cat, or sexual crimes against an animal, respectively], or the infliction of fear of such imminent conduct, taken against a domestic animal when used as a method of coercion, control, punishment, intimidation, or revenge directed against a family member or member of an unmarried couple [or, in 456.010, ‘a person with whom the perpetrator is or has been in a dating relationship’] who has a close bond of affection to the domestic animal.” “Domestic animal” is defined in both sections as “a dog, cat, or other animal that is domesticated and kept as a household pet, but does not include animals normally raised for agricultural or commercial purposes.”

6. Note that on the petition form, the petitioner is initially seeking protection of pets in an emergency order (EPO or TIPO). Even if the court declines to issue an emergency order, however, it may still include pets in a long-term order (DVO or IPO) that is issued following a hearing.

8. “pets,” “service animals,” and “emotional support animals” as defined in 18 U.S.C. § 2266 (11–13)

9. 18 U.S.C. § 2262(a) (emphasis added)

10. “or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country” 18 U.S.C. § 2261A