The Pennsylvanian Governor recently signed Act 146 into law on November 18, 2024. Act 146 protects companion animals in Protection From Abuse (“PFA”) matters. It will be effective on January 17, 2025.
The bill allows for the protection of pets during a PFA case. This means the Court can award temporary ownership rights to a Plaintiff, or person pursuing a PFA Order. This limits the defendant’s, or alleged abuser’s, ability to keep a pet. The defendant may able be prohibited from contacting the pet or trying to relocate with the pet. It prevents a defendant from bothering a person who may be watching the pet for the Plaintiff. It would also protect against abuse or harm of the pet as a form of abuse to the Plaintiff.
This is most likely when the Plaintiff can show that the Defendant engaged in conduct that hurt the pet or was likely to hurt the pet.
A companion animal is a pet. It cannot be an animal used for commercial or agricultural means. The pet must be owned, leased, kept, or possessed by the Plaintiff, the Defendant, or a minor child of the Plaintiff or Defendant.
If a Defendant ignores the provisions in a PFA Order regarding pets, the Defendant is subject to Indirect Criminal Contempt, which include punishment of fines, jail time, etc.
The bill is not a pet custody bill. In a divorce, pet is treated like a piece of property, similar to your coffee table. The pet can be awarded to one spouse or the other, and the pet is assigned a value equal to its resale value. Resale value is what the pet would sell for at a garage sale. This is appalling to a lot of people, but the Courts consider pets to be property. The Court will not create a visitation schedule.
Some states have introduced pet custody bills. In these states pets get a special level of review in family court matters. A pet custody bill has been introduced in the Pennsylvania House of Representatives but has not been passed into law. The pet custody bill has introduced more than once by Representative Anita Kulik. It was most recently introduced in 2023 as House Bill 1108. This bill also referred to pets as companion animals. The bill addressed custody of pets during a divorce and outlined several factors to be considered, including:
There have been lawsuits over pet ownership outside of divorce proceedings, but again, the pet is treated as a piece or property. Custody schedules are not an option for pets.
There are a number of matters left unresolved by Act 146. What happens when the PFA Order expires. A PFA has a maximum length of three years. After the expiration, does the award of possession of the pet continue? Could the Defendant to pursue ownership of the pet after the expiration of the PFA? How does the Defendant have the ability to pursue ownership of the pet at all?
If you are experience domestic violence, dating violence, or intimate partner violence, part of a safety plan might be to request a Protection From Abuse Order. Protection from Abuse Orders can be obtained at the local family court or the magisterial district judge office. Each county’s process is a bit different.
Protection from Abuse is a civil matter, not a criminal matter. This means evidence does not need to be proven beyond a reasonable doubt. Abuse needs to be proven to have been more likely than not to have occurred. You will hear this standard referred to a by a preponderance of the evidence. A person requesting a PFA needs to state that they are in reasonable fear of harm from a family member or a current or former romantic partner.
Act 146 is a change to the law that protects pets and allows for them to be awarded in PFA matters. This has been raised because threats against, and abuse of, pets is an abusive control tactic. This should allow Plaintiffs to feel more secure in leaving a violent relationship, and this means their pets are less likely to suffer because of the defendant’s abusive tactics.
We will have to wait and see if more pet legislation is introduced in the new legislative session beginning in 2025.
If you are concerned about your safety in an abusive relationship, you should contact your local courthouse or magisterial district judge to request a PFA Order. If the need for protection is not immediate, or you have a Temporary PFA Order and need assistance with the final hearing you should contact an Obermayer attorney.
The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.
Pittsburgh Family Law Attorney Julie focuses her practice on family law matters including divorce, child custody, support, asset division, prenuptial agreements, and international custody. Julie also has experience in family law...
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