Including Pets in Domestic Violence Protection Orders

Domestic violence is a pervasive issue that affects not only human victims but also their beloved pets. In Washington State, there are legal provisions that protect both humans and animals from abuse.

Protection orders, also known as restraining orders, are legal documents issued by a court to protect individuals from harassment, abuse, or threats. These orders typically prohibit the abuser from contacting or coming near the victim, their home, workplace, or other frequented locations. In cases of domestic violence, protection orders play a crucial role in ensuring the safety and well-being of victims.

This article explores the inclusion of pets in domestic violence protection orders in Washington.

Is Pet Abuse Considered Domestic Violence?

It's important to recognize that pet abuse is often intertwined with domestic violence. Abusers may harm or threaten to harm pets as a way to control, intimidate, or punish their human victims.

This form of abuse can have severe emotional and psychological impacts on both the human victims and the animals involved. In Washington State, the law acknowledges the connection between animal cruelty and domestic violence.

Washington Laws & Pet Protections

Domestic abuse is defined as acts of violence committed against household or family members and romantic partners. Pets are not included in this definition. However, Washington courts have the authority to include provisions in protection orders that address the care and custody of pets.

This means that a protection order can require an abuser to stay away from the victim's pets and prohibit them from harming, taking, or interfering with the care of the animals. Protective orders in Washington can also force an abuser to surrender custody of pets to the petitioner (the person seeking protection).

How to Include Pets in Protective Orders

If you're seeking a protection order and want to include provisions for your pets, follow these steps:

1. Provide details about any threats or harm directed at your animals. In your statement outlining why you need protection, be sure to mention any incidents where abuse extended to your pets.
2. Request specific provisions for your pets in the order. The petition for protective orders includes an entire section on pets. You will be asked to identify the pet and the type of animal it is, and then to specify whether you want the respondent to stay away, cease interfering with, or relinquish control of the pets.
3. If possible, provide evidence of pet ownership, such as veterinary records or registration documents. While not always necessary, this can strengthen your case, especially if you seek to gain possession of any pets.
4. Consider including photographs of your pets in the petition. Item 23 in the petition for protective orders requests that you include supporting evidence such as photos, videos, witness statements, and other relevant information. If you possess physical evidence of pet abuse, include it; you may also discuss with your attorney what type of supporting evidence would add value to your petition. Photos can also assist law enforcement in identifying the animals if necessary. If you're concerned about leaving your pets behind when seeking safety, mention this in your petition. You can explain that you fear retaliatory actions against your pet or outline other concerns.

Pets Are Property in Washington Divorces

While protection orders can provide crucial safeguards for pets in domestic violence situations, it's important to understand the legal status of pets in Washington State. Unlike children, pets are considered property under the law.

This means that while you can own a pet, the concept of pet custody doesn't exist in the same way that child custody does. When determining who keeps a pet in a separation or divorce, the court typically treats it as a matter of property division rather than a custody arrangement. In such cases, factors like who purchased the pet, who primarily cared for it, and who paid for its expenses might be considered in determining ownership.

While a protection order can include provisions for temporary child custody and visitation arrangements, the same doesn't apply to pets due to their legal status as property. If there's a dispute over long-term pet ownership following a domestic violence situation or separation, you should speak with your attorney, as they can outline whether the defendant (i.e., the abuser) can fight to get the pet back after the expiration of the orders. 

Talk with an Attorney

Our legal team can help you pursue protective orders and discuss how domestic violence can impact other family law matters in Washington and Oregon. Contact us for more information.