A Manual for Domestic Violence Attorneys & Advocates Helping Survivors Obtain Protection Orders
This manual is intended to serve as an educational tool 1 for attorneys and advocates working with pet-owning domestic violence survivors in the District of Columbia. We hope that this step-by-step approach simplifies the inclusion of pets in protection orders, allowing survivors to take control of their lives and escape abuse along with their pets. Edited by Dave Tilford, AWI.
Advocates and attorneys play a crucial role in ensuring that individuals seeking civil protection orders (referred to as “petitioners” by the court) understand and exercise their rights to include pets in protection orders. There are four crucial steps to this process:
- As early as possible, ask the petitioner about any pets, service animals, therapy animals, or any other animals who may live in the home.
- Familiarize yourself with the District of Columbia’s protection order laws. In the District, the laws pertaining to domestic violence protection orders are codified in Title 16, Chapter 10, Subchapter I of the D.C. Code (§§ 16-1001 to 16-1007).
- If there has been animal abuse or a threat of animal abuse, gather evidence of this to present at the hearing. (See “Gathering Evidence” below).
- Help the petitioner understand what relief is available to protect the animal and ensure that their requested relief is included in any temporary or extended order.
Ask About Pets
The first step is to ask, during the initial conversation, about the presence of pets or other animals 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 sample questions to ask:
- 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
Reassure the petitioner that you will work with them to develop a safety plan for the petitioner, their family, and their pets (or support/service animals). Do they 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 domestic violence victims in many communities. Safe havens are sheltering services available in an area that assist individuals experiencing domestic violence with placing 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, while some house only the pets on site. Depending on the local arrangement, family members may be able to visit their pets while they are in safekeeping. Confidentiality of the pet’s location is highly guarded in order to protect the pets and their family members.
Refer the petitioner to the Animal Welfare Institute’s Safe Havens Mapping Project. This is a directory, searchable by zip code, of sheltering services for domestic violence victims and their pets. About 12 percent of safe havens nationwide offer co-housing so that pets can stay with the human companions. Those that offer this are noted in the directory.
Advise the petitioner to 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:
- documents of ownership (receipts from adoption or purchase of pet, license to establish ownership, receipts for animal purchases)
- health documents (veterinary or vaccination records)
- ID and rabies tag, if a dog or cat (these will also help establish ownership)
Finally, in some circumstances where the animal and the petitioner are separated, such as one involving a visit to the emergency room, the advocate or attorney may need 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.
DC Domestic Abuse Protection Order Laws
A petitioner in the District of Columbia can obtain a civil protection order (CPO) if they have been the victim of an “intrafamily offense,” sexual assault, sex or labor trafficking, or child sex trafficking.2 For DC courts to exercise jurisdiction, (1) the petitioner must reside, live, work, or attend school in the District or be under the legal custody of a DC government agency or (2) the underlying offense must have occurred in the District.3
An "Intrafamily offense" is defined as “(A) An offense punishable as a criminal offense against an intimate partner, a family member, or a household member; or (B) An offense punishable as cruelty to animals, under § 22-1001 or § 22-1002 [of the DC Code],4 against an animal that an intimate partner, family member, or household member owns, possesses, or controls.”5
Thus, in the District of Columbia, cruelty to animals is an underlying offense—an act that in and of itself could justify granting of a CPO. Further, if the court finds that there is good cause to believe the respondent has committed or threatened to commit a criminal offense against the petitioner or against petitioner's animal or an animal in petitioner's household, the court can issue a CPO that awards custody of said animals to the petitioner and directs the respondent to stay away from said animals.6
The petitioner initiates the request by filling out and filing a Petition and Affidavit for Civil Protection Order, which can be downloaded from the DC Courts website7 or obtained from a Domestic Violence Intake Center. Information on how to contact the intake centers and process the forms is available from the domestic violence information section of the DC Courts website.
Describing animal abuse on the form
Item 4 on page 1 of the petition form asks the petitioner to describe the relevant acts committed by the abuser (respondent). The petitioner should use this space to describe offense punishable as crimes8 that have been committed by the respondent against the petitioner, family member, household member, or animals belonging to the petitioner.
Requesting protection of animals on the form
Beginning on page 2 of the form, the petitioner can indicate what relief is requested. In item 2 of this section, the petitioner can ask the court to order the respondent to stay away from the petitioner’s animals. In item 10 of this section, the petitioner can ask the court to award the petitioner ownership, possession, or control of specified animals.
Temporary and permanent protection orders
The court can issue a temporary protection order (TPO) without notice to the respondent. To request a TPO, the petitioner would check item 18 on the petition form.
If a TPO is sought, an emergency hearing will be held, if possible, on the same day that the request is made (or the next court day, if not). A TPO will last until a full hearing can be held, generally within 14 days of the petition being filed.9 At the full hearing, both the petitioner and the respondent will be allowed to attend and present evidence. A CPO initially granted after such a hearing lasts up to two years and can be extended.10
Gathering Evidence for the Hearing
Fact-Gathering Questions to Ask the Petitioner
Before completing the petition, an attorney or advocate should ask the questions listed in the section “Ask About Pets” above. The answers to these questions will help the evidence-gathering process for the hearing and offer the court a more comprehensive scope of the circumstances.
If the respondent has threatened to harm either the petitioner’s animal or the respondent’s own animal, ask the petitioner what the respondent specifically said. The statement should 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 petitioner describe the circumstances, including the topic of conversation and body language.
If the respondent 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 of the animal hospital is appropriate. Either way, find out if any photos were taken, and, if the abuse was recent, help the petitioner record photo evidence.
In addition to the fine details, be sure to capture the bigger picture of abuse. Have the petitioner describe the series of events that led up to the incident of abuse as well as any past instances of conflict. What does the petitioner believe motivated the abuse? How did the petitioner react to the abuse? How did the respondent act afterward? Did the abuse serve as an effective controlling behavior? For example, did the abuse prevent the petitioner 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. Because not everyone recognizes the value of pets, being able to demonstrate with evidence that the respondent used the pet as a means to control the petitioner is crucial to convincing the court of the role animal abuse plays in domestic violence.
There are several common pieces of evidence that you may want to introduce:
- Statements made by the respondent
- Veterinary records
- Photographs of injuries
- Evidence of prior animal abuse
- Prior convictions for animal abuse
- Testimony of a police officer
- Testimony of a veterinarian
Forms and Resources
Official Forms and Government-Sponsored Resources
- Petition and Affidavit for Civil Protection Order (petition form)
- Information on obtaining a civil protection order
- The Animal Welfare Institute’s Safe Havens Mapping Project: a state-by-state, zip-code searchable listing of safe haven programs
- Red Rover Safe Escape grants
1. The information provided in this manual should not be considered legal advice.
2. D.C. Code § 16-1003
3. D.C. Code § 16-1006
5. D.C. Code § 16-1001(8)
6. D.C. Code § 16-1005(c)(10A)
7. For ease of understanding, the domestic violence forms page of the DC Courts website provides versions of the form in Amharic, Spanish, and Vietnamese. Forms, however, must be submitted in English.
8. It is not necessary for the respondent to have been prosecuted for such offenses for them to be included in the CPO petition. D.C. Code § 16-1002
9. D.C. Code § 16-1004
10. D.C. Code § 16-1005