While Illinois law technically equates pet ownership to property ownership, it also recognizes that our furry friends often feel like members of the family. To that end, the law extends legal protections to (and imposes criminal liability for) abused or mistreated animals. For example, Illinois allows domestic violence victims to seek help not only for themselves, but also for their pets.
Correlation between Domestic Violence and Animal Abuse
There is a correlation between domestic violence, child abuse and animal abuse. In fact, three out of four domestic violence victims report their partners threatened to hurt their pets. Moreover, an abuser might:
- Threaten to harm a pet unless the victim does what he wants;
- Hurt or kill a pet if the victim does not cooperate; or
- Hurt or kill a pet to intimidate the victim.
Law enforcement officials believe that animal abusers are often more dangerous than abusers who do not hurt animals. If your partner threatens harm to – or actually harms – your family pet, that could be a sign of things to come.
Seeking an Order of Protection
A court-issued order of protection (colloquially known as a restraining order) limits the contact that an alleged abuser may have with his alleged victims. The order might forbid the abuser from entering a shared residence or require him to maintain a certain distance. Illinois encourages domestic violence victims to seek orders of protection for themselves and for their family members.
A petition for an order of protection can only be filed by:
- A person who has been abused by a family or household member;
- Any person on behalf of a minor child or an adult who has been abused by a family or household member and who, due to age, health, disability or inaccessibility, cannot file the petition; or
- Any person on behalf of a high-risk adult with disabilities who has been abused, neglected or exploited by a family or household member.
If an abused spouse files a petition, she does not have to file a separate petition on behalf of her children. Rather, she may seek protection for them in the same petition. Similarly, the petitioner may request protection for the family pet. The order will likely:
- Grant the petitioner the exclusive care, custody and control of any animal owned by either the petitioner or a minor child;
- Order the alleged abuser to stay away from the animal; and
- Forbid him from taking, transferring, concealing or harming the animal.
If you or a loved one is the victim of domestic violence, you have the right to seek an order of protection. Additionally, if you are a pet owner, you also have the right to seek protection for your animal. Contact one of our Chicago family law attorneys today. We have experience helping domestic violence victims end the cycle of abuse. We can assist those in Chicago and the surrounding area.