What's happening
This bill expands protections in orders of protection to include granting exclusive custody of companion animals and prohibiting harm or interference with them.
Why it matters
Addresses a significant gap in protection for survivors of domestic violence. by explicitly allowing courts to grant exclusive custody of companion animals to the petitioner, recognizing that abusers may use threats or harm to pets as a form of coercion or control.
Provides clear legal authority to courts to forbid respondents from taking, harming, hiding, or otherwise interfering with companion animals. expanding what orders of protection can cover and helping to prevent retaliation or manipulation through pets.
Extends these protections to animals owned or kept by either party or any minor child in the household. , ensuring that all family pets, not just those “owned” by the protected person, are included—addressing common ambiguities in custody and safety of animals during family disputes.
May encourage more victims to seek help and orders of protection. by reducing concerns about leaving pets behind in abusive situations, as pets’ welfare can be legally secured alongside that of human family members.
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Protect Pets in Restraining Orders
Plain English, a few words. Used as the page title.
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History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Pets in Restraining Orders
In Senate Committee · Children And Families · Sponsor Susan Serino
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
767
2019-2020 Regular Sessions
IN ASSEMBLY
January 10, 2019
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Judiciary
AN ACT to amend the family court act, the criminal procedure law and the domestic relations law, in relation to an order of protection with respect to companion animals
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 352.3 of the family court act, as amended by chapter 532 of the laws of 2008, is amended to read as follows:
(1) Upon the issuance of an order pursuant to section 315.3 or the entry of an order of disposition pursuant to section 352.2, a court may enter an order of protection against any respondent for good cause shown. The order may require that the respondent: (a) stay away from the home, school, business or place of employment of the victims of the alleged offense; or (b) refrain from harassing, intimidating, threatening or otherwise interfering with the victim or victims of the alleged offense and such members of the family or household of such victim or victims as shall be specifically named by the court in such order; or (c) refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the [person protected by the order] petitioner or a minor child residing in [such person's] the petitioner's or respondent's household. Such order may also grant the petitioner the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor child residing in the residence or household of the petitioner or the respondent, and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, concealing, harming, or otherwise disposing of the animal. "Companion animal", as used
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03289-01-9
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in this subdivision, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law.
§ 2. Paragraph 1 of subdivision (h) of section 446 of the family court act, as amended by chapter 526 of the laws of 2013, is amended to read as follows:
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 [person protected by the order] petitioner or a minor child residing in [such person's] the petitioner's or respondent's household. Such order may also grant the petitioner the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor child residing in the residence or household of the petitioner or the respondent, and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, concealing, harming, or otherwise disposing of the animal.
§ 3. Paragraph 1 of subdivision (i) of section 551 of the family court act, as amended by chapter 526 of the laws of 2013, is amended to read as follows:
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 [person protected by the order] petitioner or a minor child residing in [such person's] the petitioner's or respondent's household. Such order may also grant the petitioner the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor child residing in the residence or household of the petitioner or the respondent, and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, concealing, harming, or otherwise disposing of the animal.
§ 4. Paragraph 1 of subdivision (i) of section 656 of the family court act, as amended by chapter 526 of the laws of 2013, is amended to read as follows:
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 petitioner's or respondent's household. Such order may also grant the petitioner the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor child residing in the residence or household of the petitioner or the respondent, and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, concealing, harming, or otherwise disposing of the animal.
§ 5. Paragraph 1 of subdivision (h) of section 759 of the family court act, as amended by chapter 532 of the laws of 2008, is amended to read as follows:
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 [person protected by the order] petitioner or a minor child residing in [such person's] the petitioner's or respondent's household. Such order may also grant the petitioner the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor child residing in the residence or household of the petitioner or the respondent, and order the respondent to stay away from the animal
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and forbid the respondent from taking, transferring, concealing, harming, or otherwise disposing of the animal.
§ 6. Paragraph 1 of subdivision (i) of section 842 of the family court act, as amended by chapter 526 of the laws of 2013, is amended to read as follows:
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 petitioner's or respondent's household. Such order may also grant the petitioner the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor child residing in the residence or household of the petitioner or the respondent, and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, concealing, harming, or otherwise disposing of the animal.
§ 7. Subparagraph 1 of paragraph (g) of subdivision 1 of section 1056 of the family court act, as amended by chapter 526 of the laws of 2013, is amended to read as follows:
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 [person protected by the order] petitioner or a minor child residing in [such person's] the petitioner's or respondent's household. Such order may also grant the petitioner the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor child residing in the residence or household of the petitioner or the respondent, and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, concealing, harming, or otherwise disposing of the animal.
§ 8. Clause (A) of subparagraph 6 of paragraph (a) of subdivision 1 of section 530.12 of the criminal procedure law, as amended by chapter 526 of the laws of 2013, is amended to read as follows:
(A) to refrain from intentionally injuring or killing, without justification, any companion animal the defendant knows to be owned, possessed, leased, kept or held by the victim or a minor child residing in the victim's or defendant's household. Such order may also grant the victim the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the victim, the defendant or a minor child residing in the residence or household of the victim or the defendant, and order the defendant to stay away from the animal and forbid the defendant from taking, transferring, concealing, harming, or otherwise disposing of the animal.
§ 9. Subparagraph 1 of paragraph (c) of subdivision 1 of section 530.13 of the criminal procedure law, as added by chapter 253 of the laws of 2006, is amended to read as follows:
1. to refrain from intentionally injuring or killing, without justification, any companion animal the defendant knows to be owned, possessed, leased, kept or held by such victim or victims or a minor child residing in such victim's or victims' household. Such order may also grant the victim the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the victim, the defendant or a minor child residing in the residence or household of the victim or the defendant, and order the defendant to stay away from the animal and forbid the defendant from taking, transferring, concealing, harming, or otherwise disposing of the animal.
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§ 10. Subparagraph 7 of paragraph a of subdivision 3 of section 240 of the domestic relations law, as amended by chapter 526 of the laws of 2013, is amended to read as follows:
(7) 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 [person protected by the order] petitioner or a minor child residing in [such person's] the petitioner's or respondent's household. Such order may also grant the petitioner the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor child residing in the residence or household of the petitioner or the respondent, and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, concealing, harming, or otherwise disposing of the animal. "Companion animal," as used in this section, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law;
§ 11. Paragraph (g) of subdivision 1 of section 252 of the domestic relations law, as amended by chapter 526 of the laws of 2013, is amended to read as follows:
(g) 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 [person protected by the order] petitioner or a minor child residing in [such person's] the petitioner's or respondent's household. Such order may also grant the petitioner the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor child residing in the residence or household of the petitioner or the respondent, and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, concealing, harming, or otherwise disposing of the animal. "Companion animal," as used in this section, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law;
§ 12. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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