In representing a victim of domestic violence, knowing about pets in the home can be important for many reasons. Abuse, neglect or threats to an animal may actually be a part of your client’s history of domestic violence and/or the predicate act. Your client may be afraid for the pet’s safety if they leave the pet with their partner. They may be staying temporarily in a domestic violence shelter, home rental or with friends or family – these accommodations may or may not allow pets. The pet may be used against your client to try to compel them to return.
Abusing, neglecting or threatening a family pet can be a form of abuse to an intimate partner, child, or other household member. Pets and/or farm animals are often threated, harmed or neglected as a means of controlling an abused woman.
The New Jersey Prevention of Domestic Violence Act: Case Preparation
The New Jersey Prevention of Domestic Violence Act comprehensively outlines the means by which a victim of domestic violence may seek an order of protection. In New Jersey, a victim first files a complaint alleging the commission of an act of domestic violence with the Family Part of the Chancery Division of the Superior Court, or, if the Court is closed, such complaints may be accepted and escalated to a judge through local police departments. This complaint is heard on an emergent, ex parte basis, in order to determine if a temporary restraining order shall be issued.
N.J.S.A. 2C:25-28 sets forth the reliefs available within such a temporary restraining order. It is specifically noted that “appropriate relief” includes “an order directing the possession of any animal owned, possessed, leased, kept, or held by either party of a minor child residing in the household and providing that the animal shall not be disposed of prior to entry of a final order pursuant to section 13 of P.L.1991, c. 261 (C.2C:25-29).”
Once a temporary restraining order is issued, a hearing date for a final restraining order is set. The legal standard to secure a final restraining order is clear: First, the judge must determine whether the plaintiff has proven, by a preponderance of the credible evidence, that one or more of the predicate acts set forth in N.J.S.A. 2C:25-19a has occurred. Then, the judge must decide whether a domestic violence restraining order is necessary to protect the plaintiff from immediate danger or further acts of domestic violence. In making this determination, the court should consider the prior history of domestic violence, if any.
The possession of the pet is allowed in the temporary restraining order. The scope of relief that may be ordered upon entry of a final order is set forth in N.J.S.A. 2C:25-29, and again, the Legislature considered the animals. Under this statute, a court may enter “[a]n order directing the possession of any animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household. Where a person has abused or threatened to abuse such animal, there shall be a presumption that possession of the animal shall be awarded to the non-abusive party.”
To discuss your NJ estate planning, please contact Fredrick P. Niemann, Esq. at (732) 863-9900 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ estate planning Attorney