Protecting Household Pets from Domestic Violence

By Brett Zeitlin

What happens to a household pet when domestic violence occurs? Is the pet itself in danger? Who does the pet go with if parties are separated because of domestic violence?

Until recently the court had no control over this issue and no answers to these questions; the law generally has treated household pets as property. Luckily, a new law in Pennsylvania now allows victims of domestic violence to secure protection for their household pets.

On Jan. 17, 2025, Pennsylvania’s Protection from Abuse statute was amended to cover companion animals. A protection order issued by the court now can prohibit a defendant from abusing, harassing, stalking, or threatening a companion animal. The statute specifically defines a companion animal as “an animal not used in commercial agriculture or production which is owned, kept, leased, possessed or held by the petitioner or respondent or a minor child of either.” That definition is broad enough to protect almost any household pet.

The new amendment to Pennsylvania’s Protection from Abuse statute also allows the court to grant temporary ownership rights over a companion animal, prohibit a defendant from possessing or relocating a companion animal, and prohibit a defendant from contacting or entering the property of a person sheltering a companion animal. In other words, the court can now decide which party will house and control a household pet when a Protection Order is issued.

Prior to the new amendment, a Protection Order could apply only to the plaintiff who filed seeking protection and a minor child in that plaintiff’s household, leaving pets in situations where they could be the victims of domestic violence or used to threaten plaintiffs who seek help. Now, as part of a Protection from Abuse matter, a Pennsylvania court can take testimony, review evidence, and determine if a pet needs protection and/or where a pet should go when owners are being separated due to domestic violence.

The consequences of violating the terms of a Protection Order relating to pets is the same as violating any other term of a Protection Order. Protection Orders are civil orders, but the violation of a Protection Order is a crime, and the penalties can be severe.

Please call the family law attorneys at Willig, Williams & Davidson (215-656-3663) if you have any questions about an abuse matter concerning yourself, your child, or your pet.