Page 15 - Delaware Lawyer - Spring 2023

domestic violence victims delayed leav- ing the relationship due to concerns about their pets7 and that victims are less likely to call law enforcement when both domestic violence and animal abuse is present.8 Sixty-seven percent of children in a domestic violence shelter reported seeing or hearing their pets be abused, and not surprisingly, such expo- sure causes psychological and emotional trauma for children.9
Given the high correlation between animal abuse and intrafamilial violence, many states have begun viewing the presence of animal abuse as a red flag for the existence of other abuse occur- ring in the home. In Delaware, an ad hoc group comprised of child welfare, animal welfare and domestic violence professionals, among others, began meeting approximately two years ago to examine these links. The group
was recently formalized as the LINK Committee of the Domestic Violence Coordinating Council, with the goal of identifying legislative and policy changes that use knowledge about the link to improve system response to intrafamilial violence.
Specifically, the committee has made recommendations regarding these issues, some of which are being addressed through legislation pending as of this writing:
1. Cross-screening for the presence of animal and intrafamilial abuse. A caseworker or law enforcement officer responding to allegations of child abuse may, for example, change the timing or type of response to those allegations if they are aware of claims that the perpetrator also tortured or killed a family pet.
2. Cross-reporting suspected abuse.
While Delaware law already requires reporting suspected child abuse, Sen- ate Bill 71, sponsored by Senator Stephanie Hansen, would require Division of Family Services (DFS) workers, law enforcement and pros- ecutors responding to child abuse cases to report suspected ani- mal abuse to the Office of Animal Welfare. Animal control officers responding to such a report could not only save the targeted animals from further abuse but could also prevent use of the animal to further harm and control the human victims. Cross-training between animal con- trol officers and DFS workers has also been recommended.
3. Addressing the use of pets as a barrier to victims leaving an abusive relationship. Senate Bill 70, sponsored by Senator Nicole Poore, recognizes abuse of companion ani- mals as a form of domestic violence that can lead to a Protection From Abuse order. The bill would also allow Family Court to award pet possession to a victim obtaining a protection order.
4. Recognizing the importance of pets to family members, including those going through divorce pro- ceedings. House Bill 95, sponsored by Representative Krista Griffith, would require Family Court judges to award sole or joint ownership of pets to parties to a divorce based on considerations related to the pet’s well-being.
The bonds that adults and children have with their pets can provide signifi- cant positive benefits for humans and animals. Unfortunately, it is that very bond that also makes animals effective targets for those attempting to hurt and control their family members. Rather than ignore that sad reality, we must use it to better understand the risks present for families experiencing violence and provide a response that fully addresses the victims’ needs.
NOTES
1. American Pet Products Association (2021). 2021-2022 APPA National Pet Owners Survey. Stamford, CT.
2. Human Animal Bond Research Insti- tute (2021). Benchmark Survey of Pet Own- ers. Washington, DC.
3. Bryant, B. K. (1985). The neighbor- hood walk: Sources of support in middle childhood. Monographs of the Society for Research in Child Development.
4. Barrett, B.; Fitzgerald A.; Stevenson, R.; Cheung, C. (2017). Animal abuse as
a risk marker of more frequent and severe forms of interpersonal violence. Journal of Interpersonal Violence.
5. Muri, K.; Augusti, E.; Bjornholt, M. (2020). Childhood Experiences of Compan- ion Animal Abuse and its Co-occurrence With Domestic Abuse: Evidence From a National Youth Survey in Norway, National Youth Survey on Animal and Child Abuse.
6. Campbell, A. (2020). Behind the mask: Animal abuse perpetration as an indicator of risk for first responders to domestic violence. Forensic Science International: Animals and Environments; DeGue, S. and DiLillo, D. (2009). Is Animal Cruelty a "Red Flag" for Family Violence? Journal of Interpersonal Violence.
7. Barrett Fitzgerald, 2017.
8. Campbell, 2020.
9. McDonald, S.; Collins, E.; Nicotera, N.
(2015). Children’s experiences of companion animal maltreatment in households charac- terized by intimate partner violence. Child Abuse & Neglect.
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