FAQs about pets in orders of protection

1. Doesn’t protecting animals under a law that protects humans make animals equal to humans?

   Animals are property under the law in Minnesota and in every other state in the United States. This bill does nothing to change the legal status of animals as property. Our domestic abuse statute will still define “domestic abuse” in terms of physical harm or the infliction of fear of physical harm by one family or household member against another family or household member.

2. Won’t this law just make it easier for men to be wrongfully convicted of domestic violence?

   This law is not a criminal law – it is not about prosecuting or convicting men for domestic violence. This law is a civil law – it is about protecting victims of domestic violence by helping them protect their pets from abuse. This law will allow courts to prohibit an abuser from hurting or killing a family pet. The law will allow courts to grant a victim temporary care, custody and control of a family pet so the victim can decide the safest place for the pet and make arrangements to ensure its safety. If a man is arrested or convicted for domestic violence, it will not be because of this law – it will be because of his behavior. 

3. If we change the law to give victims of domestic violence custody of the family pet, won’t that mean the next thing will be changing the law to give them custody of other property too?

   The majority of states already allow courts to grant victims of domestic violence temporary custody of certain property; Minnesota is among those states. To date, 86% of states in this country provide for the preservation and/or the protection of animals and other property in their domestic abuse statutes.  This law is not about “giving” victims of domestic violence property – it is about communicating to victims, advocates, and the court that if protecting a family pet from abuse is a necessary part of a safety plan, the relief can be requested and granted.

4. Won’t this law help take away the gun rights of people who are charged with domestic violence?

   The right to bear arms is a right that is protected by the United States Constitution and the Minnesota State Constitution – it is not easily taken away. Even if carrying a gun was not a constitutional right, a court in Minnesota cannot prohibit a defendant from carrying a gun without following certain rules. These rules are explicitly stated in our state’s gun laws. In order for a defendant’s gun rights to be taken away under our state domestic abuse law, several things have to happen first:

   • The defendant must act in a way that violates an order for protection, the terms of which have been clearly explained and communicated to the defendant.
   • The police must investigate an allegation that an order for protection has been violated and conclude there is enough evidence to support the allegation.
   • The prosecutor must agree with the police that the evidence gathered supports the conclusion that the law has been broken and charge the defendant with violation of an order for protection.
   • A judge or jury must agree with the prosecutor and convict the defendant of violating the order for protection.

   Moreover, unless the violation of the order for protection involves a felony, suspension of the right to bear arms can only be imposed for a maximum of three years.

5. Doesn’t including pets in orders for protection demean victims of domestic violence who have fought for decades to be taken seriously by the police and by the courts?

   The struggle to be taken seriously by the police and by the courts is just one component of the larger struggle of domestic violence victims and their advocates. Including pets in orders for protection does not demean victims of domestic violence – it respects them by recognizing the powerful bond many victims have with their pets. For these victims, the relationship with their pet may be one of the few remaining sources of joy in life. Creating a legal mechanism that allows victims to protect an animal from abuse does not demean victims; it empowers them to seek safety.

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