Divorce, dogs and domestic violence.  Until recently, only two of the three fell in the purview of the Delaware Family Court.  Now with a trio of newly enacted Delaware laws, the Family Court’s jurisdiction is expanded to determine possession of pets in divorce and to address and protect against the use of pets to inflict domestic violence. 
 

Historically in Delaware, household pets were considered personal property in a divorce and divided between the spouses along with other household items, like silverware, couches, and electronics.  With the recent passing of House Bill 95, the Family Court must award sole or joint ownership of “companion animals” to spouses in divorce cases after consideration of the pet’s well-being.  A companion animal is defined as “an animal kept primarily for companionship” and expressly excludes working animals, service animals, and animals kept primarily as a source of income.  In determining the companion animal’s destiny, the Court must consider the ability of each spouse to own, support and provide the necessary care for the pet, the attachment between the pet and each party, and the time and effort each party spent with the pet during the marriage.  So next time Fido wants an after-dinner walk, you better put your walking shoes on if you want the upper paw in a divorce! 
 

Two additional changes to the law work hand in hand to address the high correlation between animal abuse and domestic violence.  First, abuse of companion animals is now officially recognized as a form of domestic violence that serves as a basis for obtaining a Protection from Abuse Order.  This includes actually harming or attempting to harm the animal, engaging in conduct likely to cause the person to fear that the animal will be harmed, and engaging in cruelty to the animal when such actions are used to coerce, control, punish or intimidate a person who is closely bonded with the animal.  Second, child welfare workers, law enforcement, and prosecutors handling child abuse cases are now required to report suspected animal abuse to the Office of Animal Welfare, with the goal of removing animals from further abuse and also preventing the use of the animal to indirectly inflict emotional abuse or otherwise exercise control over the family.