Including Pets in Domestic Violence Protection Orders in Louisiana

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 Louisiana.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.

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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.

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Louisiana Domestic Violence Protection Order Laws

Obtaining a restraining order

The law pertaining to Louisiana domestic abuse protective orders are set forth in the Domestic Abuse Assistance Act (R.S. §46:2131 et seq). In Louisiana, a person experiencing abuse from a family or household member can petition for a protective order against their abuser. Detailed information on the elements of the law (including what acts constitute “abuse” for purposes of the law and what qualifies as a “family or household member”) is available from WomensLaw.org.

The individual seeking the order must first submit a “Petition for Protection from Abuse” and accompanying forms to the court. Forms and instructions can be obtained at the courthouse or downloaded from the Supreme Court of Louisiana website via the following links:

• Filing steps — webpage offering broad overview of the petition process (scroll to the bottom of this page to obtain translations in Spanish, Vietnamese, Arabic, and Mandarin)
• Instructions — PDF document with detailed information on the process and how to address specific items on the petition form (the instructions are also available in Spanish and Vietnamese from the link below)
• Forms — webpage with links to PDF versions of the petition and other necessary forms

For a domestic abuse protective order, the petitioner will use one of four petition forms—LPOR B, LPOR B-R, LPOR C, or LPOR C-R—depending on the relationship to the defendant and whether children are involved. (The “filing steps” page and the instructions document indicate which of these forms to use.)

Including pets in a restraining order

Requesting protection of pets

Louisiana law allows the court to grant the petitioner possession of pets and to order the defendant not to harm the pets.⁵ To request protection of pets on the petition form:

• Paragraph 9: Requests for relief ⁶
  • 9(g): Check the line next to this item and describe the pets in the blank space under either “solely owned” or “jointly owned” property. In the space below “for the following reasons,” explain why the pets or animals are in danger if they stay in the custody of the respondent. Fill in the name of the local sheriff’s department to request assistance in retrieving the animal(s) or other property.
  • 9(h): Check the box next to this item to request that respondent does not give away, sell, or destroy any of the shared property, including animals.

Note that on the petition form, the petitioner is initially asking that the relief requested in Paragraph 9 be included in a temporary restraining order. By the terms of Paragraph 10, however, the requested items will be included in the long-term protective order, as well, unless the defendant can show cause why they should not be included.

Recounting past pet abuse

In Louisiana, abuse of pets appears to be incorporated into the definition of domestic abuse through a provision that includes any criminal act committed against the petitioner.⁷ The petition form itself invites the petitioner to include prior pet abuse in the section where domestic abuse is described. Making the court aware of prior threats to or abuse of pets, therefore, may help establish the basis for a protective order and, in any case, will underscore the need to protect pets within the order. To describe prior pet abuse on the petition form:

• Paragraph 8: Description of abuse
  • 8(a): Under the statement “Defendant abused protected person(s) in the following manner,” check the line next to “Abused or threatened to abuse pets or other animals.”
  • 8(c): Under the statement “The facts and circumstances of this abuse are as follows,” describe most recent and past instances of domestic abuse, including threats and/or harm to animals.

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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

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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 Code⁸—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,⁹ or horse of that person.”¹⁰

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,¹¹ 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.”¹²

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

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Forms and Resources

Louisiana Official Forms and Government-Sponsored Resources

• Supreme Court of Louisiana website:
  • Filing steps: webpage offering broad overview of the petition process (scroll to the bottom of this page to obtain translations in Spanish, Vietnamese, Arabic, and Mandarin)
  • Instructions: PDF document with detailed information on the process and how to address specific items on the petition form (the instructions are also available in Spanish and Vietnamese from the link below)
  • Forms: webpage with links to PDF versions of the petition and other necessary forms

Louisiana Organizations

• Louisiana Coalition Against Domestic Violence

National Organizations

• The Animal Welfare Institute’s Safe Havens Mapping Project: state-by-state, zip-code searchable listing of safe haven programs
• WomensLaw.org Louisiana Restraining Orders: extensive information on the elements of domestic abuse protection order law and the steps required to obtain a protection order in Louisiana
• Red Rover Safe Escape grants

Further Reading

• Why Pets Mean So Much: The Human-Animal Bond in the Context of Intimate Partner Violence