Domestic violence can affect more than the person requesting protection. Pets can also become part of abusive or controlling behavior, particularly when someone threatens, harms, hides, or uses an animal to intimidate another member of the household.

California’s Domestic Violence Prevention Act allows a person requesting a restraining order to seek protection for certain animals as part of the case. This can provide an important layer of protection when concern for a pet might otherwise make it more difficult for someone to separate from an abusive situation.

A DVRO Can Include an Order Protecting an Animal

California restraining order procedures allow a petitioner to request protection for pets.

The request can cover the petitioner’s pets, the children’s pets, and even pets belonging to the respondent in appropriate circumstances. California requires good cause for issuance of the animal-protection order.

The ability to protect an animal within the DVRO proceeding is significant because it allows the court to address the pet’s safety alongside the other protective issues presented in the case.

A person does not necessarily have to treat the animal as a completely separate legal problem from the domestic violence proceeding.

The Request Should Clearly Identify the Animal

Specific information can help the court understand exactly what protection is being requested.

California’s DVRO materials provide a section specifically for animal-protection requests. The petitioner can identify the animal and provide information relevant to the requested protection.

Depending on the circumstances, evidence concerning threats or prior conduct involving the animal may be important to demonstrating good cause.

Messages, photographs, veterinary records, witness information, or other evidence may become relevant when available and when they support the particular allegations being presented to the court.

The central issue is establishing why protection of the animal is necessary in the circumstances of the domestic violence case.

Pet Protection Can Be Part of Broader Emergency Relief

Animal protection is only one type of relief that may be available in a California DVRO proceeding.

The court can also issue qualifying personal-conduct and stay-away orders. Under the required circumstances, the court may issue a temporary move-out order excluding a person from a residence. California’s source materials explain that such emergency relief requires specific findings concerning the right to possession, assault or threatened assault, and the risk of physical or emotional harm.

Temporary child custody and visitation orders may also be requested when children are involved.

This allows the court to address several immediate safety concerns within the same protective-order proceeding rather than requiring each issue to be handled independently.

Pet Safety Can Be an Important Part of a Safety Plan

For many families, pets are emotionally significant members of the household. Fear about what will happen to an animal can influence decisions about leaving a residence or seeking court protection.

California law recognizes that animals can require protection in domestic violence cases.

When requesting a California Domestic Violence Restraining Order, a person concerned about an animal should therefore consider whether pet-protection provisions are appropriate rather than assuming the restraining order can protect only people. Clearly identifying the animal and the circumstances supporting the requested protection can help the court evaluate whether an animal-protection order should be included.