What's happening
This bill expands orders of protection to allow courts to grant exclusive custody of companion animals and prevent their harm or removal.
Why it matters
Recognizes the importance of pets in domestic violence and family disputes. by allowing courts to grant exclusive custody of companion animals to protect them from harm, which can be a critical factor for victims considering leaving abusive situations.
Expands legal protections to cover all animals in the household. , not just those owned by the petitioner, but also those owned by the respondent or minor children, closing loopholes that might leave some animals vulnerable.
Prevents abusers from using animals as leverage or threats. by explicitly forbidding the respondent from taking, hiding, harming, or disposing of the animal, addressing a common tactic in abusive relationships.
Provides clarity and consistency across multiple areas of law. (family court, criminal procedure, and domestic relations), ensuring that companion animal protections are included wherever orders of protection are issued.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Protect Pets in Restraining Orders
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to children and families
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.627
- Referred to children and families
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 Assembly Committee · Judiciary · Sponsor Linda Rosenthal
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1251
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sens. SERINO, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
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
S. 1251 2
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
S. 1251 3
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.
S. 1251 4
§ 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.
Sponsor's memo
Title of bill
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
Purpose
To extend protections to the pets of victims of domestic abuse by giving the court discretion to forbid contact between the abuser and any pet that is cared for by the victim.
Summary of provisions
Section 1: Amends section 352.3 of the family court act to give the court discretion to grant the petitioner of an order of protection custody of a companion animal owned by the petitioner, respondent, or a minor child residing in the residence of the petitioner or respondent. It also gives the court discretion to forbid any contact between the respondent and any companion animal belonging to either party or a minor child residing in the household.
Read the full memo (754 words)
Section 2: Amends section 446 of the family court act by adding the same provisions as section 1 of this bill.
Section 3: Amends section 551 of the family court act by adding the same provisions as section 1 of this bill.
Section 4: Amends section 656 of the family court act by adding the same provisions as section 1 of this bill.
Section 5: Amends section 759 of the family court act by adding the same provisions as section 1 of this bill.
Section 6: Amends section 842 of the family court act by adding the same provisions as section 1 of this bill.
Section 7: Amends section 1056 of the family court act by adding the same provisions as section 1 of this bill.
Section 8: Amends section 530.12 of the criminal procedure law by adding the same provisions as section 1 of this bill.
Section 9: Amends section 530.13 of the criminal procedure law by adding similar provisions to section 1 of this bill.
Section 10: Amends section 240 of the domestic relations law by adding the same provisions as section 1 of this bill.
Section 11: Amends section 252 of the domestic relations law by adding the same provisions as section 1 of this bill.
Section 12: Provides the effective date.
Justification
Study after study has linked domestic abuse with animal abuse. A study by the American Humane Association found that 71% of pet-owning women entering women's shelters reported that their batterer had injured, maimed, killed or threatened family pets for revenge or to psychologi- cally control their victim. The fact is, the people who are capable of harming their significant others are almost certainly capable of harming their pets. Unfortunately, many abusers can hold this over their victims. According to the Urban Resource Institute, 48% of victims of domestic violence do not leave their abuser because they fear what would happen to their pet. This bill seeks to empower those who desperately need to get away from their abuser, but are too selfless and concerned that they will have to leave their pet behind.
Currently, orders of protection only prohibit the respondent from inten- tionally injuring or killing a pet belonging to the petitioner or a minor child in their household. Knowing that the petitioner has violated the order of protection would serve little comfort in the tragic event that someone lost their pet. For this reason, more needs to be done to prevent that from happening by giving the court discretion to forbid any contact between the respondent and the pet.
Furthermore, it is imperative that the court has the discretion when issuing the order of protection to extend it so that it explicitly covers not only pets owned by the victim or a minor child in the house- hold, but also any pets that may be legally owned by the abuser but in practice are shared with the victim. People can easily grow attached to the pets of their significant others, and a pet owned by their partner would certainly be a concern of theirs when considering leaving an abusive relationship, regardless of who legally owns the pet. States such as California, New Jersey, Ohio, Massachusetts, and many others have already recognized the need for such provisions. The American Humane Association found that 98% of Americans consider their pet to be a part of their family, and victims of violence should not be forced to abandon a part of their family in order to escape their abuser.
Legislative history
2017-18: S.2167A Passed Senate 2016: S.7394 Passed Senate
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.