The State of Alaska is joining several other States in introducing new legislation to protect dogs that are caught in the midst of their owners’ divorce or domestic violence incidents.
Family law lawyer and Democratic House Representative Max Gruenberg sponsored the bill with unanimous support from both sides of the aisle. Its provisions include expanding the definition of “essential personal items” to include pets and permit victims of domestic violence to retrieve their pets as they would any other personal items.
It would also require owners to pay for the cost of animals seized in cases of neglect; allow courts to include pets in domestic violence protection orders; and provide authority for custody arrangement for pets during divorce cases.
In 2007 California and Illinois passed laws to protect pets after concluding that spouses and partners in abusive situations were often reluctant to leave their abuser, fearing their pet would become their abuser’s next victim in retaliation for their departure. When victims of abuse leave their abusive situation and go to safe houses they are rarely able to take their pets with them. Thus, this law authorizes animal shelters to care for these pets during this time.
In California, even before the law was passed, courts were permitting applicants for domestic restraining orders to include family members in the order, which included pets. I have not seen such terms in protection orders in British Columbia, but I am aware of orders awarding the care of a pet to one of the parties pending a final decision in a divorce case.
As a pooch owner, I understand why separating couples fight as hard over their pets as they do the financial aspects of a case. Our pets are beloved family members and as any dog-owner will attest: our pets know when there is trouble in the home.
Lawdiva aka Georgialee Lang