Including Pets in Domestic Violence Protection Orders in New Jersey

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 New Jersey.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.

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.

New Jersey Domestic Violence Protection Order Laws

In New Jersey, the laws pertaining to domestic violence protection orders are codified in the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 to -35). Detailed information on the process, as well as who can qualify for a protection order and what acts constitute domestic violence in New Jersey, can be found on the New Jersey Courts website, either on its Frequently Asked Questions About Domestic Violence webpage or as a downloadable brochure entitled The Prevention of Domestic Violence Act: A Guide to the Most Frequently Asked Questions.

The first step in obtaining a domestic violence protection order is to file a complaint and request a temporary restraining order (TRO). This is done by visiting the Family Division Office of the Superior Court weekdays (generally between 8:30 a.m. and 3:30 p.m. M-F) or by visiting a local police station (outside the designated court hours) in the county where the petitioner lives or is staying, where the domestic violence happened, or where the alleged abuser lives. (Note: While COVID restrictions are in place, courts have been handling TRO requests via phone. To learn more about current procedures, call the courthouse in the appropriate county.)

At the courthouse or police station, the individual seeking the order (referred to as the plaintiff) may initially be required to fill out an application, after which they will be interviewed by a staff member or police officer. In the interview, the plaintiff will be asked questions about past incidents of domestic violence and why a restraining order is needed against the alleged abuser (defendant). This information will be used to complete a form entitled “New Jersey Domestic Violence Civil Complaint and Temporary Restraining Order.”

Immediately afterwards, an ex parte hearing (i.e., a hearing without notice to the defendant) will be held before a judge or domestic violence hearing officer. Based on this hearing and the information on the complaint form, a court will issue a TRO if the judge determines that it is necessary to protect the plaintiff’s life, health, or well-being.

If the court issues a TRO, law enforcement officials will serve notice of the TRO on the defendant, and a final restraining order (FRO) hearing will be scheduled to take place within 10 days. Both plaintiff and defendant must appear at the FRO hearing. Information on how to prepare for the hearing is available from the New Jersey Courts website in a downloadable publication entitled Preparing for a Domestic Violence Final Restraining Order Hearing. If an FRO is granted, it will remain in place indefinitely—only changing if one of the parties files a motion asking the judge to end or modify the order and that request is granted.

Including pets on the protection order

The Prevention of Domestic Violence Act explicitly provides for inclusion of pets in protection orders in New Jersey. The statute states that—as a part of the TRO5 or FRO6—the court can award “possession of any animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household” and can order in the TRO that the animal not be disposed of prior to resolution regarding the final order. With reference to the final order, the statute adds, “Where a person has abused or threatened to abuse such animal, there shall be a presumption that possession of the animal shall be awarded to the non-abusive party.”7,8

It is important to note that, while the Prevention of Domestic Violence Act specifically approves inclusion of pets in protection orders, the New Jersey Domestic Violence Civil Complaint and Temporary Restraining Order form (a sample of which can be seen here), does not mention pets in the pre-printed language of the form. It is incumbent on the plaintiff, therefore, to bring up prior acts of animal abuse with the interviewer (and later with the judge) and to ensure that the interviewer includes possession of pets in the blank spaces of the form designated for requested relief.

Information on past animal abuse would be included on page 1 of the form where past incidents of domestic violence against the plaintiff, as well as prior criminal activity, are described. The Prevention of Domestic Violence Act specifies certain criminal acts that constitute domestic violence in New Jersey. Animal cruelty is not one of the criminal offenses specified, but several of the offenses that are listed could potentially involve animal cruelty—in particular, criminal coercion9—and it is vital for the plaintiff to mention how animal cruelty was involved within the context of any of these specified offenses committed by the defendant.10

The all-important request a plaintiff can make for possession of pets would be included in the space provided in item 13 of the form under the “PLAINTIFF:” heading on page 2 and in the space provided under the “PART II - RELIEF PLAINTIFF:” heading on page 3. (The blank spaces on the form are limited, but the personnel completing the form will be able to add extra pages if needed.)

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

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 Code11—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,12 or horse of that person.”13

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,14 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.”15

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

Forms and Resources

Government-Sponsored Information on Restraining Orders

Restraining Order Forms

Court Contact Information

New Jersey Public/Private Services

National Organizations

Further Reading

1. AWI would like to thank Emily Schurr, Rutgers Law School, for their assistance in compiling this information.

2. Nothing in this material should be considered legal advice. This guide is designed to facilitate access to available information and resources, and to identify issues and steps to consider in the course of seeking protection for pets of domestic violence survivors. While we try to keep the information up-to-date, we cannot assure that it remains accurate at the time a reader accesses it; please consult an official source for the most current language of any statute or other legal requirements. While we have provided links to third party websites that contain additional information, we cannot guarantee the availability or quality of services at those sites.

3. This guide does not attempt to describe procedures focused on protecting survivors themselves, their children or other human family members. There are numerous resources available to address issues specific to human survivors, including but not limited to Women’s Law and the National Domestic Violence Hotline.

4. The directory reflects an effort to identify services that offer shelter for the pets of domestic violence victims. We cannot guarantee the availability or quality of services at any particular location.

8. The judicial process to determine whether and under what terms a protection order will be granted is civil, not criminal, in nature. However, when there is a criminal proceeding involving a defendant charged with a domestic violence crime, the abused party may be granted pet protections similar to those available in civil protection orders. As a condition of the defendant’s release from custody before trial, the court may grant the abused party possession of an animal owned, possessed, leased, kept, or held by the defendant, the abused party, or a minor child residing in the household. The court may further prohibit the defendant from having any contact with said animal (N.J.S.A. 2C:25-26(a)). If, subsequently, the criminal defendant is found guilty, a similar stipulation may be included as a condition of the sentence: that the abused party is awarded possession of the animal and the defendant is barred from having any contact with the animal (N.J.S.A. 2C:25-27(a)-(b)). Note that this “no contact” provision goes beyond merely stipulating that the abused party be awarded possession of the animal—and thereby goes beyond what the statute mentions concerning what pet-related relief is available in a civil protection order. In reality, however, it may be that judges have enough latitude even in a civil order to ban further contact between the defendant and the animal.

9. Criminal coercion occurs if the defendant (in the words of the New Jersey Code of Criminal Justice) “with purpose unlawfully to restrict another’s freedom of action to engage or refrain from engaging in conduct … threatens to: (1) Inflict bodily injury on anyone or commit any other offense, regardless of the immediacy of the threat … .” (N.J.S.A. 2C:13.5). In a discussion of how animal abuse might constitute criminal coercion, the important words to focus on are “threatens to … commit any other offense.” The most likely such offense would be “criminal mischief” (another crime delineated under the Prevention of Domestic Violence Act as a potential act of domestic violence). Criminal mischief would occur if the defendant damages the plaintiff’s “tangible property,” including animals owned by the plaintiff. If the defendant even threatens to harm the plaintiff’s animal in order to control the plaintiff’s behavior, the defendant has committed criminal coercion.

10. Additional examples of offenses in which animal abuse may conceivably qualify as domestic violence under that statute include the following: contempt, if the defendant violated a prior restraining order stipulating they must keep away from the plaintiff’s animal; burglary, if the defendant unlawfully entered the plaintiff’s dwelling intending to harm or steal the animal (there is no specific crime of burglary, however, if the defendant had a legal right to enter the dwelling). The following three qualifying offenses might also involve animal abuse, but would generally come into play in situations in which the plaintiff and defendant are not cohabitating: harassment, if the defendant engaged in a course of conduct intended to “alarm or seriously annoy” the plaintiff; presumably, this could include actual or threatened animal abuse; stalking, which, for purposes of this discussion, might be thought of as an elevated form of harassment, to a degree that would cause a reasonable person to fear for their safety or the safety of a third person or “suffer other emotional distress”—which animal abuse could certainly cause; and cyber-harassment, which involves using online means to threaten a person or the person’s property.

12. “pets,” “service animals,” and “emotional support animals” as defined in 18 U.S.C. § 2266 (11–13)

13. 18 U.S. Code § 2262(a) (emphasis added)

14. “or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country” 18 U.S.C. § 2261A