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