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| Christina Warner |
In countries with an emerging awareness of the interconnectedness between domestic abuse and abuse of animals, such as in England and Wales, current laws have no provisions for protecting animals in cases of abuse. Ruby's Law is a campaign calling for legislative reform designed to bridge such a loophole through providing family courts with a mechanism for recognizing and protecting animals in cases of domestic abuse.
Ruby’s Law: Addressing the role of pets in domestic abuse
Ruby's Law seeks to close legal loopholes in legislation that put animals at risk in cases of domestic abuse. The proposed changes seek to allow for humans to escape abusive situations without the agonizing concern of having to leave behind their animals. As an animal protection and human rights barrister, I have spent much of my career in family courts representing victims of domestic abuse. I have seen firsthand how abusers exploit the deep bond between survivors and their pets to exert control. In January, I launched a
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As the founder of Ruby’s Law, I continue to champion this cause, reinforcing my commitment to protecting society’s most vulnerable members, both humans and animals. It is time for the law, in particular the family justice system, to acknowledge pets as integral family members deserving of protection.
By legally recognizing pets as part of the household and affording them specific protections, Ruby’s Law aims to ensure that abusers cannot continue to use pets as a tool of manipulation and coercion.
The overlooked victims of domestic abuse: Pets in peril
Many people are unaware of the extent to which pets are victimized in abusive households. Research indicates that abusers frequently harm, threaten or kill pets as a means of controlling their victims.
Key statistics include:
- 90 per cent of households experiencing domestic abuse reported that their pets were also abused by the perpetrators.
- 12 per cent of these households reported that their pets had been killed.
- A 2019 survey by Dogs Trust found that 97 per cent of domestic abuse professionals believe that threats to pets are commonly used as a coercion tactic.
- 89 per cent of domestic abuse professionals were aware of cases in which pets had been abused.
- 51 per cent were aware of cases where an abuser had killed a pet.
These statistics paint a chilling picture of the dangers pets face in abusive households. Without legal protections, victims who want to leave may feel forced to stay in dangerous situations simply to protect their animals.
The psychological and emotional toll on victims
Animals are an innate part of family. Many survivors of domestic abuse report that their pets would be crucial for comfort and emotional support during difficult times. Unfortunately, the abuser will often use this bond as intimidation by threats or to harm, in an attempt to further psychologically harm or emotionally manipulate the victims.
Those who remain in abusive situations for fear of leaving pets face ongoing trauma, while those who manage to leave face extreme guilt and anxiety over the fate of their animals. This emotional burden of having to leave a beloved pet makes an already difficult path to leaving an abusive relationship even more fraught.
Proposed legal changes under Ruby’s Law
Ruby’s Law advocates for amendments to the Family Law Act 1996 to ensure pets are recognized as part of the household and are granted legal protection in domestic abuse cases. Key aspects of the proposed reforms include:
1. Expansion of Non-Molestation Orders
Under Section 42 of the Act, Non-Molestation Orders protect victims from harassment or harm by an abuser. Ruby’s Law proposes expanding these orders to explicitly include pets. This would prohibit abusers from threatening, harming or removing pets from the care of the victim.
2. Strengthening Occupation Orders
Occupation Orders (Sections 33–38 of the Act) regulate who can live in the family home. The proposed amendments would give courts the authority to determine pet custody when issuing occupation orders. This would ensure that pets are not left in the care of abusers and that their welfare is prioritized.
3. Recognition of pet abuse as coercive control
Ruby’s Law aims to align pet-related abuse with the broader definition of domestic abuse under the Domestic Abuse Act 2021. This would mean that threatening or harming pets would be recognized as a form of coercive control, allowing victims to seek legal recourse.
Aligning Ruby’s Law with the Domestic Abuse Act 2021
In some respects, the Domestic Abuse Act 2021 already ensures a breakthrough in human resource protection for victims, with a formal characterization of domestic abuse which now includes emotional, psychological and economic abuse. But it does not explicitly mention harm to pets as a form of coercive control.
Ruby's Law aims to protect against this by ensuring that the family courts consider acts of animal cruelty as part and parcel of the dynamics of domestic abuse. Under this, the law would recognize that the cruelty exhibited towards pets is not a standalone act but an intentional means to control and manipulate the victim.
Why these changes matter
1. Direct protection for pets
Ruby's Law would enhance family law with the explicit purpose of prohibiting abusers from harming, threatening or using pets against their victims.
2. Opening the escape route
Victims often remain in abusive relationships due to their fears for their pets. Legal protections would allow them a clearer avenue for escape without concern about pets’ welfare and safety.
3. Court-mandated custody of pets
The courts will be empowered to decide on the custody of the animal and consider the pet’s best interest.
4. Recognizing pets as tools of coercive control
Such recognition of pet abuse would come under behavioural coercion, existing definitions of emotional and psychological abuse would make it easier for victims to seek aid from the courts.
A necessary step forward
Not only do the victims suffer at the hands of domestic abusers; the household, including pets, become a target. The failure to address the risks posed by an abusive environment in the lives of pets compels the legal system to leave animals and victims vulnerable. Ruby's Law is a call to action for the protection of every one of those affected by domestic abuse and the responsibility to see that no one subject to an abusive environment, either human or animal, is left behind.
Such legislative changes will provide, in a more rounded way, a legal framework across all such occasions in England and Wales. Ruby's Law marks a valuable historic leap forward in the recognition of the role of pets in the lives of victims of domestic violence and not being overlooked in assisting them.
Supporting Ruby's Law is not only an ethical agenda, it is a matter of human necessities toward establishing a more humane and just legal system.
Ruby’s Law has the backing of one of Canada’s most prominent animal law experts. V. Victoria Shroff, K.C., says, “As a Canadian animal lawyer and educator, I fully support and applaud Ruby’s Law, initiated by British barrister Christina Warner. It’s key to recognize how abusers weaponize pets to assert control over pets and people. In Canada, recent amendments to B.C.’s Family Law Act account for the violence link and help to guide courts to take a relational and contextual view applying the ‘best interest for all concerned’ in determining who keeps the family pet when a marriage ends.”
For more information and to get involved, visit the official Ruby’s Law website and join the movement to protect both human and animal victims of domestic abuse.
Christina Warner is a multi-award-winning barrister advocating for justice and inclusion, particularly for disabled individuals. A PhD candidate at Leiden University, she researches the participation of disabled victims in international trials to improve accessibility in global justice. As the founder of Ruby’s Law, she campaigns for pets to be recognized as victims of domestic abuse in family courts, reinforcing her commitment to protecting society’s most vulnerable members.
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