Written by Hannah Bonadeo, Associate

With stronger protections for companion animals in domestic violence cases a part of the upcoming changes to the Family Law Act, it’s timely to discuss the impact of family violence perpetrated towards pets.

Section 4AB of the Family Law Act defines family violence as “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family … or causes the family member to be fearful” and includes “intentionally causing death or injury to an animal”.

When we talk about family violence, many think of physical violence perpetrated between spouses. Research is showing that violence towards pets can be an indicator of severe forms of family violence, where the victim is not just the animal, but also the victim-survivor of the domestic relationship.

Violence perpetrated towards pets may be intended to cause emotional distress to the perpetrator’s spouse, or used as a means of maintaining power and dominance over the victim-survivor.

Family violence towards pets is most commonly perpetrated towards dogs and cats – but can be targeted to any animal the victim-survivor feels an emotional connection with. This form of violence is often carried out in front of the victim-survivor and sometimes also children of the relationship. It can include threats of physical abuse, actual physical abuse, verbal abuse and neglect of the animal. Research indicates that it is perpetrated by men more often than women, and women are usually the intended victims.

Practical and systemic barriers exist which prevent or challenge victim-survivors leaving abusive relationships where pets are subjected to violence, and in accessing support. This includes fear that the pet will be subjected to further violence from the perpetrator if the victim-survivor leaves, a lack of available accommodation suitable for pets or the loss of an important source of emotional support.

If the victim-survivor could be confident that Courts can make orders that allow their pets to be safe after separation, they may be more inclined to leave violent or abusive relationships.

The new Family Law Act amendments may contribute to increasing that confidence. The Family Law Courts are now mandated to consider a range of factors when determining the future ownership of a pet, following a relationship breakdown. These considerations include whether there was any history of family violence, any instances of actual or threatened harm or abuse directed towards the animal by a party, the emotional attachment of the victim or children towards the pet, and the level of care provided by each party to the animal.

Researchers have also recommended that issues can be addressed in the short-term by including provision for pets in safety plans where victim-survivors are planning to leave the relationship. Such provision can include short- or long-term accommodation for the pet until such time as the victim-survivor is able to secure stable accommodation suitable for their pet. However, implementation of these short-term solutions is hindered by systemic challenges, including the lack of cohesion between family violence support services and animal welfare services. Funding is also an issue, as is a lack of training where staff work with both human and animal victims of abuse.

The new Family Law Act amendments go some way towards recognising the safety of pets in domestic violence cases and during relationship separation. Although the amendments are not designed to be about animal welfare, they may inadvertently protect companion animals against future abuse and remove some barriers that prevent or challenge victim-survivors leaving abusive relationships.

In addition to this, family lawyers need to be attuned to the complex impacts of violence towards animals when assisting clients who are or have been in violent relationships. Many victim-survivors do not disclose concerns about the safety of their pets without being asked directly, as they may feel ashamed of what has happened or afraid that their concerns will not be taken seriously.

At Parker Coles Curtis, we recognise the special place your pets hold in your family and ensure that clients understand that violence towards animals is a form of family violence. We explain how pets are treated accordingly in family law matters. We can help you to safety plan and provide appropriate referrals to ensure you have access to appropriate supports for you and your pets.

Get in touch for a free, no obligation, confidential introductory chat with one of our lawyers today.