New Ohio Law – Mandatory Reporting of Animal Abuse

animal abuse domestic violence pets

New Ohio Law Protects Social Workers And Veterinarians From Criminal Or Civil Liability If They Report Suspected Animal Abuse

animal abuse domestic violence petsSadly social workers who have seen signs of what they suspect might be animal abuse, are reluctant to report it out of fear of retaliation from their client or perhaps violating their client’s privacy. Fortunately Ohio Governor, Mike DeWine has signed a bill that will attempt to change that. On April 6, 2021, Ohio House Bill 33 will take effect. It is a bill that makes it a requirement that a veterinarian or a social worker who suspects animal abuse  must report it to authorities.

This law is also attempting to create a system of cross-reporting. If dog wardens or animal control officers witness animal, child or elder abuse they are mandated to report that to social services professionals. If the people that are reporting these incidents are doing so in a manner of “good faith”, they will be protected by the law making them immune from criminal or civil liability.

New Bill Would Make Animal Abuse A Fourth-Degree Misdemeanor

The bill was introduced in February of 2019 by two Republican representatives, Laura Lanese from Grove City, and Sara … Read More... “New Ohio Law – Mandatory Reporting of Animal Abuse”

California Courts now have Authority to Rule on Pet Custody Disputes in Divorce

divorce pet custody

Ownership Of Pets Can Be Decided In California Courts, Will Ohio Be Next In Pet Custody Disputes?

divorce pet custodyIn California and Ohio, as in most states, pets are considered personal property by law.  But thanks to a new law in California, divorce disputes over “custody” of dogs and cats will be decided in a similar manner as are child custody disputes. Regardless of the emotional attachment between a pet and its owner, Courts typically don’t give more status to a pet than say to a computer or television.

Under A.B. 2274, signed  last week by Governor Jerry Brown, pets will still be considered community property but now a judge deciding ”custody” will have the discretion of weighing such factors as who feeds and walks them, has been the primary caregiver and who takes them to the veterinarian. In addition, the Court may order essentially temporary custody of the pet pending final hearing. The law goes into effect on January 1, 2019. To read the text of the law, click here.

As an Ohio divorce lawyer for near 40 years, I personally think the new California law makes practical sense. Pets can become as important to individuals as … Read More... “California Courts now have Authority to Rule on Pet Custody Disputes in Divorce”

Pet Custody Disputes in Ohio

Pet Custody: Who is Entitled to Keep the Family Pet?

Pet custodyHave you ever wondered what might have happened to Cheeta if Tarzan and Jane had decided to split up? If Fred and Wilma had gone through a nasty divorce, which one would have gotten Dino? Remember Lassie? If Timmy’s parents, Ruth and Paul Martin, had divorced would Lassie’s barking, in an attempt to explain which party she wanted to live with, have even mattered to a judge?

When people divorce, or even when roommates part ways, disputes over what happens to household pets and pet custody can get contentious. Feelings over what is to happen to the family dog, cat, or bird after a split tend to be much more passionate than they are regarding what is to happen to a lawn mower, cappuccino machine, or even to that cool washer/dryer set. That reality is why we at Holzfaster, Cecil, McKnight & Mues are seeing more and more cases involving pets and the right to keep custody of, or visit with, family pets once a split occurs.

Often, pet owners who are facing divorce or a split of some dating or roommate relationship want to treat their household pets as … Read More... “Pet Custody Disputes in Ohio”

Pet Ownership In Divorce Proceedings

For lawyers and others interested in an excellent journal article on this subject.

Puppy Love: Providing for the Legal Protection of Animals When Their Owners Get Divorced by Heidi Stroh, 2 J. Animal L. & Ethics 231 (2007). The article examines pet ownership in divorce proceedings. Ms. Stroh concludes that the various states should adopt statutes providing clear guidance for pet custody decisions.  It is available through Lexis and Westlaw.

Who Gets Custody of Rover?

pet_div.jpgIn many divorce cases, custody or ownership of the beloved family pet is very important and the dispute can even become contentious. Sean Palmer, author of the Texas Family Law Blog, recently wrote an interesting article on the subject. It is very well written and I can’t quibble with any of it. My analysis of the subject, under a Ohio law, doesn’t appear to vary from his under Texas law. As barbaric as it sounds, pets are categorized under Ohio law as “personal property”. The court cannot treat Rover as a child, and award custody or shared parenting of him to the parties. But, I have seen Judges on rare occasions designate one party as the pet’s owner and permit the other to have access to the pet. Most domestic relations judges that I have come across are sensitive to the importance pet ownership may have and will patiently consider the facts. Some, on the other hand, are impatient and will tell counsel to just “flip a coin” to determine the owner. If the court is not inclined to consider all the facts and implications, scheduling a private mediation is also an option to consider.

Sean winds up his … Read More... “Who Gets Custody of Rover?”