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Tasmanian MP Proposes Legal Recognition of Animal Harm as Family Violence

Nancy by Nancy
05/08/2024
in pet knowledge
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Harm to animals is not currently recognized as a form of family violence in Tasmania, but Independent MP David O’Byrne aims to change that. O’Byrne plans to introduce a proposal to the state parliament that would classify harming or threatening pets as a type of family violence.

“Causing injury to an animal, including a pet, can be an incredibly distressing form of emotional abuse or intimidation,” O’Byrne stated. “It should be defined as family violence.”

Tasmania and Western Australia are the only Australian jurisdictions where such acts are not explicitly categorized under family violence laws. However, Western Australia includes “causing death or injury to an animal that is the property of the family member” within its restraining order legislation.

Under current Tasmanian laws, harming a pet could be considered emotional abuse or property damage. O’Byrne’s proposed amendment would specifically define harm or threats to animals, aimed at coercing, intimidating, or controlling a partner, as family violence. He believes this change would facilitate better responses from police and courts.

The Australian Law Reform Commission recommended this change in 2010. “Here we are in 2024, and it’s not been done in Tasmania. I can’t explain that. I can’t defend that,” O’Byrne said.

Threats to Animals Common in Abusive Relationships

Family violence support service Engender Equality highlights the frequent use of animals in coercive control. “It’s incredibly common. The majority of people accessing our service are also concerned about their animals,” said CEO Alina Thomas. She noted that abusers use pets as a mechanism of control in various ways, including restricting pets’ rights, exposing them to angry outbursts, and making threats to their safety.

“Killing pets is not unheard of,” Thomas added.

Impact on Victims’ Decisions to Leave

According to the RSPCA, one in three female pet owners in violent relationships delayed leaving due to concerns for their pets’ welfare. Half reported that their partner had harmed or killed a pet. “When someone is in crisis and needs to leave, considering how to accommodate their pets can be difficult,” Thomas said. “If leaving means your pet will be harmed, you might stay to keep them safe.”

Government Response

Premier Jeremy Rockliff expressed openness to O’Byrne’s proposal. “We will consider it, get advice, talk to David, and, of course, the parliament will decide,” he said.

Tasmania’s Justice Department stated that a specific definition of harming animals had not been deemed necessary, as family violence laws already cover damage to “animate or inanimate property.” A department spokesperson highlighted Tasmania’s leadership in including emotional abuse and intimidation as family violence offenses, which encompasses pet-related abuse.

Call for Crisis Housing for Pets

Thomas emphasized the need for housing and support services that accommodate pets alongside their owners. “We need crisis housing where animals can be housed with their owners and long-term housing options,” she said. “Specialist services and workers who understand the impact of family violence are essential to support victim-survivors into safer situations.”

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Nancy

Nancy

Nancy Anderson, was born in the U.K., but grew up in the United States before returning to the U.K. for her secondary and university education. In 2003 she graduated from the Royal (Dick) School of Veterinary Studies, Edinburgh, Scotland, concentrating on small exotic mammals in her final year. After qualification Nancy spent her first 3 years working in and around London, as well as travelling abroad to aid in charity veterinary work. She then returned to America where she initially worked at Small Animal and Exotic Hospital, and gained valuable specialised experience working with small exotic mammals. Nancy’s personal areas of interest include providing a holistic approach towards animal welfare, preventative healthcare and husbandry to create a healthy happy environment for the entire family.

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