Your Pets Have Rights in Family Law
Seemingly endless issues pile up on top of each other throughout the course of a family law case. Trying to settle the issues as quickly and painlessly as possible is often an important goal for many. You want to put yourself in a position where once your case is over, you can and will be able to move forward with your life. But what happens to your beloved pet? What about Fido?!
Over the past several years, courts have set up custody arrangements for pets, customizing visitation schedules so that each party has time with their precious Fido. Some of you may have read about a case in the late 90’s where a San Diego couple battled for two years over the custody of their dog Gigi. This case has been discussed in many legal publications when the issue of pet custody comes up because of the elaborate steps the parties took to show the court why they were each the better “parent.”
Now, what happens when one party starts to abuse the family pet out of frustration or anger towards the other party? What happens when one party uses threats of harm to the pet as a means of manipulating the other into seeing things “their way?” Often people will succumb to the pressure of another in order to protect the things they love and cherish. Wouldn’t you trudge through desert valleys and climb to the highest mountain for your pet? Most would exclaim “Yes!” without even questioning the logic of that query.
Thankfully for those of us who treasure our pets, California legislators are pet-lovers too and see the importance of protecting your cuddly pooch or adorable feline friend. Family Code Section 6320, effective January 1, 2008, titled ex parte order enjoining contact; companion animals, does just that – protects what some of us hold so dear – protects our pets!
Family Code section 6320(b) states that on a showing of good cause (naturally!), the court may grant an order allowing one party the exclusive care, possession, or control of any animal owned by either party. The court further may order that the other party stay away from the animal and be forbidden from taking, concealing, striking, threatening or otherwise disposing of the animal. Family Code Section 6320 provides parties with an avenue of seeking redress from the court when their pet is being harmed by the other party involved in a case. Similar to ex parte orders for parties to a case, Section 6320 provides a safe haven for our most loyal companions.
The Massachusetts Society for the Prevention of Cruelty to Animals-Angell Animal Medical Center (MSPCA-Angell) is one of the oldest humane societies in the United States. This organization conducted a study to research how the fear for the well-being of a pet prevents women from escaping an abusive relationship. The study found that up to 48% of battered women will not leave, or will return to a violent relationship, due to fear of what might happen to the animal if left behind. If this study in fact is a reflection of the sentiment of domestic violence victims nationwide, you can see how the protection of a pet would be a concern to any pet owner facing similar circumstances.
California is just one of the many states now enacting laws to allow for restraining orders to be issued for the protection of pets. In 2007, a Connecticut judge ordered a woman (ex-spouse) to stay 100 yards away from her golden retriever for kicking the dog with both feet. A New York judge issued a restraining order against a dog owner too. So, not only are laws like Section 6320 in effect, they are being utilized by courts nationwide and should be taken very seriously.
About the Author
Geoff Morris is a licensed California attorney and is a partner in the law firm of Lopez & Morris,LLP. Mr. Morris is an experienced real estate litigator. Firm have well experienced family law attorneys , personal injury lawyer
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