Pets are often close members of the family, including those experiencing domestic violence. Legal ownership of a pet by an abuser can be a coercive tool with few consequences - we propose a mechanism by which victims can assume ownership of family pets, or request their rescue.
Currently there's no legal way to transfer ownership of an animal from an abusive partner to their victim(s), leaving a clear avenue for the abuser to inflict further suffering or coercion. The law only allows removal of ownership with evidence of abuse against that animal - but for someone willing to harm the humans in their family, the consequences for harming or killing a pet are negligible. Even absent the threat of violence against the animal, domestic violence victims seeking ownership can face prolonged court proceedings and continued exposure to the coercion of their abuser even after they manage to leave. The trauma is only exacerbated in families with children, for whom pets can be a source of comfort and uncomplicated affection.
In circumstances where victims only have a short window to act, ensuring the safety of their pets can be an extra, insurmountable hurdle. If the victim manages to take the animal with them, their options are limited to legally grey or ethically difficult situations. Attempts to re-home the animal safely can lead to civil disputes between the new owners and the abuser, and even offers to purchase the animal outright may not be successful, depending on the mindset of the abuser. Friends, shelters and animal rescue organisations may have the willingness to step in and help, but struggle to provide support when legal avenues are scarcely available.
We propose that, in cases of domestic violence, victims can request the transfer of legal ownership of any family pet in the household away from the abuser, without requiring the abuser's approval. Whether during a police call-out or in court, victims should be able to keep the furry, feathered or scaled members of their family together and safe from harm, whether that means taking on legal ownership themselves or requesting the removal of the abuser's ownership rights in order to access emergency shelter or re-homing assistance.
Abusers should no longer have this route for continued violence, control, or coercion, and victims shouldn't have to sacrifice their safety or peace of mind when figuring out how or when to leave. When domestic violence is determined through police or court involvement, animal ownership should be viewed as a privilege that can be revoked, not an absolute right - and victims should be the determining voice in what the next steps are.