Including Pets in Domestic Violence Protection Orders in Texas

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 Texas.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.

Texas Family Violence Protective Order Laws5

Texas law provides that any adult member of a family or household may seek relief in the form of a protective order by filing an application with the court describing the claim of family violence.6 Texas’s protective order laws allow the abused victim to obtain both short-term relief, in the form of a temporary ex parte protective order (obtained without the accused individual’s participation in the proceedings), and long-term relief through a final protective order. A temporary protective order lasts until a hearing can be held on the final order, which generally will occur in about two weeks. A final protective order generally lasts two years.

Completing the Protective Order Application

The applicant may file the complaint in the district court within the county in which (1) the applicant resides, (2) the abuser (respondent) resides, or (3) the family violence occurred.7 The applicant must complete the application form and either an accompanying affidavit or a declaration8 that describes who committed the family violence, when it occurred, who was abused, and the nature of the violence.

TexasLawHelp.org9 has a comprehensive “toolkit” website designed to walk applicants through the process and answer any questions. The site features a Protective Order Kit that contains the official protective order application form and the forms needed to file either an affidavit or declaration. The kit includes instructions on how to fill out the forms, FAQs, and information on other resources. The blank forms used to apply for a final protective order begin on page 13 of the kit. The blank forms used to apply for a temporary ex parte protective order begin on page 25.

A second option provided on the toolkit website is the Guided Application Form. This interactive form works much like popular do-it-yourself tax software in that it will generate a completed form based on a series of questions the applicant answers online.

Within 14 days after the applicant files the application (unless the applicant requests a later date), the court must conduct a hearing on the request for a final protective order, during which both the applicant and respondent can present evidence regarding the applicant’s requested relief. Upon a finding that family violence has occurred and is likely to occur in the future, the court may grant a final protective order applying to the person found to have committed the violence.10

Including Pets on the Protective Order Form

Although Texas does not include harm to pets as a basis in and of itself to justify a protective order, the applicant should include examples of prior animal abuse or threats of abuse in the application. Importantly, prior acts of animal cruelty could be relevant in showing how the respondent’s actions placed the applicant in fear of physical injury to the applicant or the applicant’s pet, and may therefore demonstrate how the respondent’s conduct fits into the cycle of violence.

Pets can, however, be protected by the order. To include pets on a protective order, an applicant should check and fill in item k in section 6 (Orders to Prevent Family Violence) on the application form, whereby the applicant asks the court to “Prohibit the Respondent from harming, threatening, or interfering with the care, custody, or control of the following pet, companion animal or assistance animal_____________________ (describe the animal).”

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

Check the Texas rules of evidence11 to develop a response to possible objections to their admissibility.

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 Code12—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,13 or horse of that person.”14

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,15 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.”16

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

Texas Forms

Texas Organizations

National Organizations

Further Reading

1. AWI would like to thank Cooley, LLP, and its team, 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.

5. In Texas, there are different kinds of protective orders for instances of domestic abuse, dating violence, sexual assault, stalking, and human trafficking. This manual deals only for protective orders related to domestic abuse.

7. Tex. Fam. Code §82.003.

8. There is a privacy issue to consider with respect to whether to include an affidavit or a declaration: If, in addition to the application, the applicant submits a notarized affidavit detailing the family violence, then the applicant’s date of birth and address will be kept confidential. If, however, the applicant completes and submits a declaration with the application, then the applicant’s date of birth and address become public information.

9. TexasLawHelp.org is a joint effort of legal aid, courts, and nonprofit organizations throughout Texas.

11. https://www.txcourts.gov/media/921665/tx-rules-of-evidence.pdf

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

14. 18 U.S. Code § 2262(a) (emphasis added)

15. “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