As Seen On theWRITS - Pennsylvania's Act 146: A Heartening Step Forward In Protecting Domestic Violence Survivors & Their Pets

Attorney Felix authored this article for theWRITS, the Bucks County Bar Association's legal magazine. You can read the full version of theWRITS here.

In a significant and compassionate move, Pennsylvania has enacted Act 146 of 2024, a bipartisan law that extends Protection from Abuse (PFA) orders to include companion animals. Effective January 17, 2025, this legislation empowers judges to prohibit abusers from harming, threatening, or contacting a victim’s pet, recognizing the profound bond between survivors and their animals.  

Act 146, originally House Bill 1210 was a nearly four-year project for State Representative Christinia Sappey and State Representative Natalie Mihalek. It was passed by the House of Representatives in 2023, then by the Senate in early November of 2024, and signed by Governor Josh Shapiro in late November 2024 to become Act 146 of 2024.  

Bridging a Critical Gap 

Previously, Pennsylvania’s PFA orders safeguarded victims, their children, parents, other adult household members, and their homes, but lacked explicit provisions for pets. Should a defendant subject to a PFA order need access to their home to obtain personal property, they would simply arrange with their local sheriff or police department to go to the residence and collect their belongings, perhaps including the family pet. This oversight caused many PFA cases to become contentious, and quite literally turn into dogfights. Now, Act 146 allows courts to grant temporary ownership of a companion animal to the petitioner and restrict the defendant from any form of interaction with the animal.  

This change can be found in two spots. First, 23 Pa. C.S.A. § 6108(a)(9.1) allows courts to grant “temporary ownership rights over a companion animal and direct the defendant to refrain from possessing, contacting, attempting to contact, transferring or relocating the companion animal or contacting or entering the property of the any person sheltering the companion animal.” Second, 23 Pa. C.S.A. § 6108(e) allows courts to extend protection to companion animals if the court finds that the defendant engaged in a “pattern or practice” that demonstrated a continued risk of harm to the companion animal. This change acknowledges that abusers often exploit the emotional connection victims have with their pets, using threats or harm to exert control.  

Companion Animal Defined 

As defined by 23 Pa. C.S.A. § 6108(j), a “companion animal” is any animal that is not used in a commercial setting which is “owned, kept, leased, possessed or held by the petitioner or respondent or a minor child of either.” Stated plainly, victims of domestic violence can seek protection and be granted ownership rights of household and family pets.  

Empowering Survivors and Looking Ahead 

By including pets in PFA orders, Act 146 removes a significant barrier that often prevents victims from leaving abusive situations. Survivors no longer have to choose between their safety and the well-being of their loved animals. This legal advancement offers a sense of security and peace of mind, enabling more individuals to seek the protection that they need.  

With the enactment of Act 146, Pennsylvania joins 37 other states, Washington D.C., and Puerto Rico in recognizing the importance of protecting pets in domestic violence cases. This law not only safeguards animals but also strengthens the support system for survivors reflecting a compassionate approach to justice and healing. But, it also begs the question, what’s next? Is Act 146 just the first of many acts to pass regarding disputes over pets in domestic courts? Under the current law, “pet custody” is not a legal term, rather pets are considered “personal property.” That could change soon should House Bill 1108 of the 2023-2024 regular session be passed by the Pennsylvania Senate.  

House Bill 1108 would enable a divorcing spouse to litigate ownership of a family pet through equitable distribution. If a court determines who gets the pet, the proposed legislation would require the court to consider six factors to make its decisions, including: whether the pet was acquired prior to or during the marriage, the basic daily needs of the pet, the party who generally facilitates veterinary care for the pet, the party who generally provides the companion animal with social interaction, the party who generally ensures compliance with the state and local regulations regarding the pet, and the party who has the greater ability to financially support the pet. While House Bill 1108 remains pending and cannot help those amid a divorce, Act 146 affords some relief for those who seek to protect their pets from domestic violence.