The question of who gets to keep the dog after a breakup can be a tricky one. In the context of domestic violence, it can go beyond painful and become downright dangerous.
Animals are commonly weaponized by perpetrators as a means of coercive control. And since many emergency shelters and rental properties don’t allow animals, these animals can be critical for victim-survivors in deciding whether to stay in their homes or leave without their beloved pets. It can also be an element.
In September, the Albanon Government introduced new legislation to treat pets as a “special form of property” and take domestic violence (DFV) into account when determining ownership, as part of wider reforms to the Family Law Act. .
A 2022 study by Animal Medicines Australia found that Australians spend more than $33 billion a year on their pets. One-third of households own at least one cat, and almost half of all households own at least one dog. In some Sydney suburbs, dogs outnumber children by two to one.
However, there are questions about how ownership is defined. RPSCA Australia wants to help experts study the human-animal bond to find out who an animal really belongs to, who they love and who they fear.
This bill is currently being debated in Congress.
RSPCA Australia said in its submission that it welcomed the proposed amendments, but further progress was needed.
“There is a growing body of evidence that perpetrators use animals to control (manipulate) victims of DFV,” the report said.
“It is also recognized that sentient animals experience psychological distress, fear, and anxiety when living in violent or abusive environments.”
It also states that the criteria for animal “ownership” do not take into account the human-animal bond. In situations where the victim is often not financially independent, the perpetrator may assert ownership.
Animals may exhibit behavioral signs consistent with fear and anxiety in the presence of their abuser.
“The law must consider the ownership and management of animals based on the human-animal bond, as well as the safety and welfare of the animal,” it says.
The law recommends requiring an “independent behavioral assessment” of animals that interact with each person in a current or former relationship.
“In our experience, animals may exhibit behavioral signs consistent with fear and anxiety in the presence of their abuser,” the report states.
RSPCA Australia also considers all species, including horses, birds, fish and livestock, to be companion animals that can be surrendered to another person or charity if they are not cared for by a current or former relationship. We recommend that you do so.
Lucy’s Project, a charity working to ensure the safety of people and animals in DFV situations, similarly recommends prioritizing animal safety and family attachment over ‘ownership’. Masu.
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In April this year, the Australian Family Research Institute published a paper on violence against domestic animals in intimate domestic violence.
Findings include that many victim-survivors remain with their perpetrators due to fear of the animal, delaying leaving, or returning to their perpetrators. The paper also said it was “common” for perpetrators to threaten, injure or kill family animals in order to control victims and survivors.
Such violence may include willful neglect, physical or sexual abuse, or threats of harm.
One in four women has experienced abuse at the hands of their partner, and seven in 10 households have pets, and misunderstandings often occur, the newspaper said.
Jayla Sainty is a Community Awareness Officer for RSPCA Tasmania, where she works on the Safe Beds program, which cares for homeless DFV victims and survivors, including vaccinations, desexing and microchipping. .
Under current law, pets “have the same rights as furniture,” she says.
She admits it’s difficult to tell where an animal’s loyalties lie, but says there are usually clues in the animal’s behavior. For example, the dog may put its ears back or urinate when the perpetrator approaches the victim.
In the aftermath, the dog may be traumatized by its past life in an abusive household and remain wary, especially towards men, for some time, she says.
But they can recover.
“They still have a lot of trust in people,” Sainty says.
“They just need a little time.”
