MINNESOTA allows domestic violence protective orders to include pets. In addition, federal law includes the crime of stalking and actions that make the victim fear that the stalker will hurt the victim’s pet, service or emotional support animal, or horse (18 U.S.C. § 2261A (2019))
BLUE STATES specifically provide for the inclusion of pets in protective/restraining orders.
GRAY STATES do not specifically address the inclusion of pets in protective/restraining orders.
As per the Animal Legal & Historical Center website1,
Summary: This law reflects Minnesota’s provision for restraining orders in cases of domestic abuse. An amendment in 2010 concerns the care and keeping of a companion animal owed by either petitioner or respondent, and has a provision to allow the court to prevent harm to such animal. As stated in the law, “The order may direct the care, possession, or control of a pet or companion animal owned, possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent. It may also direct the respondent to refrain from physically abusing or injuring any pet or companion animal, without legal justification, known to be owned, possessed, kept, or held by either party or a minor child residing in the residence or household of either party as an indirect means of intentionally threatening the safety of such person.” M.S.A. § 518B.01
If your state does not include pet protection in restraining orders, there may be alternatives that assist your petition in the role animal abuse plays in domestic violence, such as:
- specifying animal cruelty as a behavior to prove why a protective order is needed
- detailing animal abuse or threats against the victim’s pet(s) as part of the abuse, intimidation tactics, or criminal stalking
- giving consent to “cross-report”, ie. animal control sees signs of domestic violence, child abuse, or elder abuse
DOCUMENT, DOCUMENT, DOCUMENT!
We know you, like all the others, probably already are documenting, but the problem is what and how you document probably doesn’t meet the criteria to be considered evidence in the legal system. The laws are very specific as to what is evidence and what is considered hearsay. And even if it does, if you can’t prove (chain of custody) that your documentation hasn’t been touched, edited, damaged, altered, or deleted, then the defense can argue it doesn’t count!
VictimsVoice can help you document the details that matter to you and matter to the courts.
- Save images safely and legally.
- Learn how to transcribe audio and transcribe video, then safely store it to legal standards.
- Perfect for protective orders, divorce and custody, and criminal cases.
We work to keep you safe and make sure you’re collecting information that the authorities see as court-worthy.
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If you discover any of the above information has changed, is outdated, or is otherwise incorrect before we do, please drop us an email and let us know. Thank you.
*Information in the "Policy" section does not constitute as legal advice. Please consult an attorney for any and all legal advice. (1) Animal Legal & Historical Center, Map of State Laws Allowing Domestic Violence Orders to Include Pets, https://www.animallaw.info/content/map-state-laws-allowing-domestic-violence-orders-include-pets