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Pxfuel 

DOVER, Del. - A series of bills have been introduced in Delaware that aim to protect people and pets from dangerous situations by incorporating their safety in to domestic abuse protection. 

According to the Delaware General Assembly, studies have shown that  a large percentage of domestic and child abusers also target pets in the household, sometimes as a form of further psychological abuse, with one study in particular indicated that 75% of abused women who have companion animals report a history of their companion animal being threatened or intentionally harmed by their intimate partner. They argue that this correlation means that even if officials work quickly to protect a victim, an animal can still face injury, or worse. 

The bills that were filed Tuesday would weave animal welfare into all of these various protections for domestic violence and child abuse. 

“Abuse in the home can reveal itself in many cruel and sad ways: a woman being strangled by her intimate partner, a child being beaten and bruised with a belt, or a cat being kicked down a flight of stairs,” said Rep. Krista Griffith. “Experts have been studying the link between domestic violence and animal cruelty. An animal being abused in the home is a red flag that other violence is likely to be occurring on a child or partner.

“These bills collectively recognize the importance that pets have on our lives and the link between abuse of a pet and violence against a family member. By protecting animals, we also will be protecting people who are vulnerable to serious injury and even death by a perpetrator of domestic violence.”

The assembly says Senate Bill 70, which is sponsored by Sen. Nicole Poore, would add actions against a person’s companion animal or service animal to the definition of abuse for protection from abuse (PFA) proceedings, which would include engaging in cruelty, inflicting physical injury, and engaging in a course of alarming or distressing conduct.

“Our pets are members of our family. All too often, pets can get caught in the middle of family disputes or used as tools of manipulation or abuse,” said Sen. Poore. “This legislation addresses both animal welfare and domestic abuse by giving Family Court the authority to treat animal violence as a red flag in a protection from abuse case and keep pets away from abusers.”

According to the assembly, SB 70 would also give Family Court the authority to include provisions in a protection from abuse order that grant a petitioner exclusive care, custody, or control of a companion animal and order a petitioner to stay away from the companion animal. They say that 37 states already provide this kind of protection. 

The assembly says that Senate Bill 71, which is sponsored by Sen. Stephanie Hansen, would require law enforcement agencies, the Department of Services for Children, Youth and Their Families, and the Department of Justice to report suspected animal cruelty that is discovered while performing their responsibilities in child welfare cases to the Office of Animal Welfare.

“Injuring an animal is often a precursor to violence against a child, spouse, or intimate partner,” said Sen. Hansen. “Social workers and case workers can play key roles in cross-reporting animal abuse and human violence. This bill will direct enforcement agencies to be on the lookout for warning signs that may indicate future abuse and report it to the Office of Animal Welfare.”

They say SB 71 would also provide immunity for people who report suspected cruelty in good faith.

Finally, the assembly says that House Bill 95, which is sponsored by Rep. Griffith, would require Family Court to consider the wellbeing of an animal before awarding possession of it when dividing marital property. They would need to take in to account each person's ability to take care of the animal, the pet's attachment to each person, and how much time the person had spent tending to the animals needs.

“Dividing property can be really challenging for divorcing couples. While we all may be attached to certain items of furniture or artwork, the connection between a person and a family pet is deeply personal,” said Rep. Griffith. “HB 95 recognizes that connection and will allow our Family Court judges to look at companion animals differently than other property when deciding on where the pet should live.”

Under HB 95, once a petition for divorce or annulment has been filed, a pet could not be transferred, concealed, disposed of, or spayed or neutered without the written agreement of both parties.

The assembly says that the bills came from an Animal Welfare and Family Law seminar organized by Family Court Judge Jennifer B. Ranji last year, which had several speakers discuss the correlation between animal cruelty and domestic abuse, as well as the ways that studying this connection could help reduce both serious problems. 

“The strong link between intra-familial abuse and animal abuse offers an opportunity for courts and agencies to better assess risk and effectively respond to these forms of violence,” said Judge Ranji. “In addition, understanding the important role of family pets, particularly to the well-being of children who are emotionally connected to them, supports the inclusion of pets in Family Court ancillary orders following divorce proceedings. This legislative package will lead to better responses to these forms of abuse and more effective orders for families and children going through a divorce.”

The bills were introduced in advance of National Child Abuse Prevention Month and Prevention of Cruelty to Animals Month, both of which are recognized in April.

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