TEXAS allows domestic violence protective orders to include pets. In a protective order in Texas, the court may prohibit a party from removing a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, from the possession of a person named in the order. (V.T.C.A., Family Code § 85.021)

As per the Animal Legal & Historical Center website1,

Summary: In a protective order in Texas, the court may prohibit a party from removing a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, from the possession of a person named in the order. Furthermore, in a protective order, the court may prohibit the person found to have committed family violence from harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by or is in the actual or constructive care of a person protected by an order or by a member of the family or household of a person protected by an order.

 

ALTERNATIVE OPTIONS

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

If you discover any of the above information has changed, is outdated, or is otherwise incorrect before we do, please drop us an email and let us know.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