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Pets May Now Be Subject to Protection under a TPO

Posted on 08/25/2025


New Law Regarding Family Violence Protective Orders May Protect Pets


In the context of family law, victims of domestic violence have traditionally been able to seek protection pursuant to family violence temporary protective orders ("TPO")
. Until recently, family violence provided protection to human beings. That is, the subject of protection under the TPO laws was limited to "past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living the same household." O.C.G.A. § 19-13-1. The TPO laws also provide protection to those in a dating relationship. See generally O.C.G.A. § 19-13A-3.

The Georgia General Assembly passed a new law, which became effective on July 1, 2025, that now provides protection to pets as a part of the protection provided to human beings who are victims of family violence or dating violence. Under the new law, the trial court hearing a family violence or dating violence protective order matter is allowed to issue an order regarding the care, custody, and control of household pets and to prohibit the respondent from harassing or harming household pets, taking, transferring, encumbering, or concealing such household pets, or committing animal cruelty against such household pets. The criminal offense of cruelty to animals includes unjustifiable acts (or omission) that cause pain, suffering or death to an animal or failure to provide adequate food and care for the animal. In short, household pets now may be subject to the protection that is similar to the protection that their owners may receive under the family violence or dating violence protection laws in Georgia.

Per the new law, a "household pet" is defined as "an animal kept for human companionship and enjoyment or an animal which is owned or possessed by either party or by a minor child living in the household or residence of either party," and "livestock, laboratory animals, working animals, sport animals, or any other animal kept for a commercial purpose or for consumption" are not included in that definition.

If a respondent violates the TPO and harms a household pet, then the violation may itself be a criminal offense. Therefore, a respondent should not think that harming a protected household pet is not a serious issue.

If the parties to a TPO matter have a pet, and a subsequent divorce is contemplated between the parties where division of the pet will be a disputed issue, then it is important for the parties to realize that the trial court's ruling on temporary possession of the pet may set the tone for how the court might address that issue in the subsequent divorce case (pets are subject to an equitable division in a divorce case just as other property is).

If you are a party to a TPO case and would like to chat about how this new law may apply to your case, please contact a Georgia Divorce Lawyer or Atlanta Divorce Lawyer for a consultation.

Written by: Daesik Shin

Categories:

Domestic Violence
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