Including Pets in Domestic Violence Protection Orders in New York

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 New York.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:

  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.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.

New York Domestic Violence Protection Order Laws

Obtaining a protective order

The laws pertaining to domestic violence protection order petitions are set forth in Chapter 686, Article 8 of the New York Family Court Act (N.Y. Fam. Ct. Act §§ 841–847). In New York, domestic violence occurs if the abuser commits one of the “family offenses” listed in the statute,4 and a domestic violence protection order can be issued by one of three courts:

  • Criminal Court if the abuser is being prosecuted for crimes involving domestic violence
  • Supreme Court (a trial court) during divorce proceedings
  • Family Court if an individual experiencing domestic violence petitions the court for such an order.5

The following information primarily concerns petitioning the Family Court for a protection order. (No petition is required to obtain a protection order in a divorce proceeding or a criminal proceeding.) A Basic Steps in a Family Offense Petition Case webpage on the New York Courts website provides guidance on how to proceed.

The first step is to complete and submit a Family Offense Petition to the court. This form and other potentially necessary forms (as well as information in various languages) can be downloaded in PDF or Word format from the New York Courts’ Domestic Violence Forms page or obtained at the courthouse. Petitioners can bring completed forms to court or work with court staff to complete the paperwork. A direct link to the PDF version of the petition form is below:

Including pets in a protection order

Recounting past pet abuse

Describing prior harm to pets or threats to do so will strengthen the petitioner’s request to protect pets within the order (and may even be considered a “family offense” that would help establish the basis for the order).6

There is a specific place on the Family Offense Petition to describe abuse or threats of abuse to pets. To do so, the petitioner should check the box next to item 13 and fill in the appropriate information under the following two statements:

  1. The following pets live in my house [specify name(s) and type(s)]:
  2. The Respondent injured or tried or threatened to injure pets in my household as follows [describe]:

Requesting protection of pets

New York law expressly authorizes protection of pets within a protection order.7 The petition form, however, does not include a space to request that one’s pets be included in the order. It is therefore important for the petitioner to make this request before the judge at the hearings.8

Although the petition form is silent on this matter, the form used by the court to issue the actual protection order will contain language to indicate whether pets are protected within the order. In both the Temporary Order of Protection form and the (long-term) Order of Protection form, the petitioner should ensure that, before the order is finalized, the box is checked beside item 15 to indicate that the court has ordered the respondent to “refrain from intentionally injuring or killing without justification the following companion animal(s) (pet(s)),” with the animal(s) identified in the space provided.9

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

  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,13 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.”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

New York Official Forms and Government-Sponsored Resources

New York Organizations

National Organizations

Further Reading

1. 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.

2. 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.

3. 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.

4. NY Fam Ct Act § 812(1). The New York Courts’ Domestic Violence Acts/Crimes webpage elaborates on the elements of these family offenses. WomensLaw.org also provides detailed information on New York protection order law and process.

5. Some New York counties have special domestic violence courts to deal with criminal prosecution for domestic violence, and some of these courts also handle protection order petitions (a civil rather than criminal proceeding). For more information on the various paths to a protection order, see the New York Courts’ Domestic Violence Order of Protection Basics webpage.

6. New York law does not expressly include abuse of pets within its list of family offenses. However, under certain circumstances, harming or threatening to harm a pet would potentially constitute one of the listed offenses (e.g., harassment, criminal mischief, coercion); see note 2.

7. N.Y. Fam. Ct. Act § 842: “… Any order of protection issued pursuant to this section may require the petitioner or the respondent … (i)(1) to refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the petitioner or a minor child residing in the household.” See also Michigan State University Animal Legal & Historical Center: Domestic Violence and Pets: New York.

8. For more on the hearings, see the New York Courts’ webpage Basic Steps in a Family Offense Petition Case.

9. This same statement appears on protection orders issued by the Supreme Court in a divorce proceeding (Forms SC-1 and SC-2, item 11) and by the criminal court when the abuser is being prosecuted for family offense crimes (Criminal Form 1, item 15).

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

12. 18 U.S. Code § 2262(a) (emphasis added)

13. “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