Login
New law enhances protection for pets in DV cases
Pets caught in domestic violence cases are now set to receive greater protection due to the passing of a new amendment that ensures that their welfare is recognised.
Grace Robbie
Last week, the federal government took an “important step” forward by passing an amendment to the Family Law Act to offer stronger protections for companion animals in domestic violence cases.
The Family Law Amendment Bill 2024 was passed by both the House of Representatives and Senate on 29 November 2024, further strengthening the reforms introduced to the Family Law Act 1975 (Cth) in 2023.
Under the new amendment, while companion animals will still be legally classified as property, family law courts are now mandated to consider a range of factors when determining the future ownership of an animal following a relationship breakdown.
These considerations include whether there was any history of family violence, any instances of actual or threatened harm or abuse directed towards the animal, the emotional attachment of the victim or children towards the pet, and the level of care provided by each party.
The new amendment has also introduced a new definition of “companion animals”, which now describes “an animal kept by the parties (either collectively or individually) primarily for the purpose of companionship”.
Dr Meri Oakwood, a teaching associate in law at Southern Cross University, explained how perpetrators of domestic violence often target companion animals as a deliberate means to gain control.
“Companion animals are often harmed, killed or threatened by perpetrators of domestic violence as one of an array of tactics used to control their partners,” she said.
“Often, there is a target companion animal that experiences the most abuse, and this animal is likely to be the one that the victim is most attached to, usually a dog.”
Before this amendment, the legal system failed to acknowledge the safety and wellbeing of companion animals in domestic violence cases and during relationship separations. Under Australian law, pets were treated no differently than inanimate objects like “a car or a couch”.
Oakwood noted the significance of this amendment in addressing the intersection of family violence and animal welfare.
“This is significant law reform as it recognises that family violence is relevant to the family pet after a relationship breakdown. Although not framed in terms of the safety and wellbeing of the animals, thousands of companion animals throughout Australia could potentially gain protection from future abuse,” she said.
“Many women report they have delayed leaving violent relationships due to concerns for their companion animal’s welfare. This barrier to seeking safety will be significantly alleviated if victims are confident courts can make orders that allow their beloved pets to be safe after separation.”
