Safe Haven Conundrum: The Use of Special Bailments to Keep Pets Out of Violent Households

Family violence is a continuing social problem that seems to breed new complexity at every turn. Just as we seem to get a modicum of control over the sheltering of at-risk mothers and children, we find that family pets—dependent creatures endangered by the same violent behavior that threatens their human caretakers—often are left unprotected (or under-protected) by both law and society. In most cases, companion animals are unable to be sheltered with human victims of domestic violence due to shelter restrictions, which means (among other things) that human victims face difficult choices (potentially involving both human and nonhuman animal dependents) in leaving and returning to their violent households. Animal safe haven programs have stepped up to serve some of this unmet need. These programs agree to take in the cats, dogs, and (in some cases) other companion animals of domestic violence victims (typically, but not always, women) who decide to seek refuge in a shelter. This solution is not without problems, however. Pets are separated from their owners at the very time they may need each other most. Moreover, safe havens typically only offer temporary care to animals, and the time limits on these arrangements may not mesh well with the transitioning of women and other victims to new, independent housing situations after their shelter stays are over. Finally, a victim may decide to return to the abusive household and take the animal with her, subjecting the animal, as well as herself, to renewed abuse. This paper ultimately addresses the last of these three identified weaknesses of safe haven programs and suggests a solution rooted in traditional notions of property and contract law and consistent with related public policy. In the process of doing so, however, the article panoramically describes the overall societal and legal context in which the issue arises. This background is important to many social and legal issues involving nonhuman animals, not just the protection of animals threatened by violent households

Attorney General

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