On November 18, 2024, Pennsylvania Governor Josh Shapiro signed House Bill No. 1210, making it Act 146 of 2024 (the “Act”). The Act addresses animal abuse in domestic violence situations by amending the Protection From Abuse Act to grant judges the ability to order defendants to refrain from abusing victims’ pets.
KingSpry’s Managing Partner and Family Law Attorney, Jessica F. Moyer, Esquire, reviews the Act and details how it intends to protect pets from domestic abuse situations.
The Proposal
The Act was sponsored by Representatives Christina D. Sappey and Natalie Mihalek. In their memorandum, the Representatives revealed that a staggering number of animals are targeted by abusers in domestic violence and child abuse cases. Citing to research conducted by the Humane Society of the United States, the Representatives provided that seventy-one percent (71%) of domestic violence victims reported that their abuser also targeted their pets.
The Protection From Abuse Act
While the Protection From Abuse Act grants judges the ability to order many kinds of relief to prevent further abuse, it does not provide judges the authority to order that a defendant cannot kill or maim a victim’s companion animal(s) (i.e., pet(s)).
As such, the Act will amend several sections of the Protection From Abuse Act as follows:
Definitions
The Act defines “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.”
Protection Orders and Consent Agreements
The Act amends Section 6108 to permit a court to grant any protection order or approve any consent agreement to end further abuse that (1) grants temporary ownership rights over a companion animal, (2) directs a defendant to refrain from possessing, contacting, attempting to contact, transferring or relocating the companion animal, and/or (3) directs a defendant to refrain from contacting or entering the property of any person sheltering the companion animal.
Final Orders and Agreements
The Act permits a final order or agreement to direct a defendant to refrain from “abusing, harassing, stalking, threatening or attempting or threatening to use physical force against the…companion animal.”
Extension of Protection Orders
Where a court determines that a defendant engaged in a pattern or practice that indicates a continued risk of harm to the companion animal, the Act permits the extension of a protection order to prevent such harm.
Emergency Relief
Where emergency relief is required, the Act permits a petition to be filed before a hearing officer who may grant relief in accordance with Section 6108, which includes protection orders or consent agreements intended to protect companion animals from abuse (as discussed above).
Arrest for Violation of Order
Lastly, the Act permits the arrest of a defendant who violates a protection order, including any provisions related to the abuse of a companion animal.
Effective Date
The Act takes effect on January 17, 2025.
