The short answer

Under California’s Domestic Violence Prevention Act, a court issuing a protective order may, on a showing of good cause, give the petitioner exclusive care, possession, or control of an animal owned, possessed, leased, kept, or held by either party or by a minor child living in either household, and may order the respondent to stay away from the animal and not to take, harm, threaten, or dispose of it (Family Code section 6320(b)). A civil harassment order under Code of Civil Procedure section 527.6 may include similar animal orders for an animal of the petitioner or in the petitioner’s household. In a divorce or legal separation, the court may order a party to care for a community-property pet animal and may assign sole or joint ownership of it, taking the animal’s care into consideration (Family Code section 2605). Cruelty to an animal is also a crime under Penal Code section 597.

By Tristan teGroen, family law attorney, Thousand Oaks, California. Updated November 11, 2026.

Animals and Abuse

Hypothetical: You have been living a heated situation. You have three cats, a bearded-dragon and a dog. The dog is elderly and has been living with you his entire life. You walk the dog and feed the dog. When your spouse gets angry, the abuser bangs the side of the habitat of the dragon, throws water at the cats, and kicks the dog. You need a restraining order, but what about the animals? Animals are also protected under the Domestic Violence Prevention Act. A person seeking a restraining order may seek to protect any animal owned, possessed, leased, kept or held by either party or by a minor child in the household, typically a pet dog or cat. FC 6320(b) provides that “on a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.”

The Link Between Domestic Violence and Animal Abuse

There is a link between domestic violence and animal abuse. Abusers will often hurt the animals of a loved one. Abusive people also seek to use animals as a source of manipulation or control. Many who are abused either return to the place of the abuse to feed or protect an animal. It makes sense that shelters should also accommodate the animals of a human partner. In a divorce or legal separation, FC 2605 lets the court order a party to care for a community-property pet and assign sole or joint ownership of it, taking the animal’s care into account.

FC 6203 is Expanded by FC 6320

Under FC 6320, constant telephone calls, emails, text messages or other forms of unwanted aggravation could also amount to domestic violence, depending on the level of abuse. FC 6320(c) also provides that ‘disturbing the peace of the other party’ includes coercive control, a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty, such as isolating a person, controlling finances or movements, or monitoring communications.

What is Considered Domestic?

Domestic violence is not all violence. Quarrels between unrelated neighbors on the streets, or strangers at the local club are not governed by the Family Code - but these disputes may be covered by CCP 527.6.

Which Relationships are Governed?

Family Code Section 6211 describes which relationships are governed by the Code: “‘Domestic violence’ is abuse perpetrated against any of the following persons: (a) A spouse or former spouse. (b) A cohabitant or former cohabitant, as defined in Section 6209. (c) A person with whom the respondent is having or has had a dating or engagement relationship. (d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12). (e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected. (f) Any other person related by consanguinity or affinity within the second degree.”

Can a domestic violence restraining order protect my pet?

Yes. Family Code section 6320(b) provides that, on a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or by a minor child residing in the residence or household of either the petitioner or the respondent. The court may also order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal. Section 6320 was most recently amended effective January 1, 2026. Because Family Code section 6203 treats as abuse any behavior that has been or could be enjoined under section 6320, conduct directed at an animal may also be relevant to whether abuse occurred.

Which relationships does the Domestic Violence Prevention Act cover?

Family Code section 6211 covers abuse perpetrated against a spouse or former spouse; a cohabitant or former cohabitant; a person with whom the respondent is having or has had a dating or engagement relationship; a person with whom the respondent has had a child, where the parentage presumption described in the statute applies; a child of a party, or a child who is the subject of an action under the Uniform Parentage Act, where that presumption applies; and any other person related by consanguinity or affinity within the second degree. For other relationships, a civil harassment order under Code of Civil Procedure section 527.6 may be available.

Can a civil harassment restraining order include an animal?

Yes. Under Code of Civil Procedure section 527.6(b)(6)(A), on a showing of good cause, in an order issued in connection with an animal owned, possessed, leased, kept, or held by the petitioner, or residing in the residence or household of the petitioner, the court may grant the petitioner exclusive care, possession, or control of the animal and may order the respondent to stay away from the animal and refrain from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of it. Section 527.6(w) provides that the section does not apply to an action or proceeding covered by the Domestic Violence Prevention Act (Family Code section 6200 and following). Section 527.6 was most recently amended effective January 1, 2026.

Who keeps the pet in a California divorce?

Under Family Code section 2605, at the request of a party to a proceeding for dissolution of marriage or legal separation, the court may, before the final determination of ownership of a pet animal, order a party to care for the pet animal, and that order does not affect the final determination of ownership. The court may also assign sole or joint ownership of a pet animal, taking into consideration the care of the animal. “Pet animal” means any animal that is community property and kept as a household pet, and “care” includes preventing acts of harm or cruelty described in Penal Code section 597 and providing food, water, veterinary care, and safe and protected shelter. Section 2605 was added by Assembly Bill 2274 (Stats. 2018, ch. 820), effective January 1, 2019.

Is cruelty to an animal a crime in California?

Yes. Penal Code section 597(a) makes it a crime to maliciously and intentionally maim, mutilate, torture, or wound a living animal, or to maliciously and intentionally kill an animal. Section 597(b) also covers, among other things, subjecting an animal to needless suffering, inflicting unnecessary cruelty on it, or failing to provide it with proper food, drink, or shelter, when a person has charge or custody of the animal. Under section 597(d), a violation is punishable as a felony or as a misdemeanor, by a fine of up to $20,000, imprisonment, or both. A restraining order is a civil remedy and is separate from any criminal case.

This page provides general information about California domestic violence and animal law. It is not legal advice, and reading it does not create an attorney-client relationship. The law changes, and every case depends on its facts and on the orders already in place. Consult a licensed attorney about your situation.

Tristan teGroen is a family law attorney in Thousand Oaks, California, and has practiced in California since 1996. His office is at 1000 Newbury Road, Suite 295, Thousand Oaks, CA 91320. He currently takes cases at the Ventura County Hall of Justice in Ventura and at the Los Angeles Superior Court, North Valley District, in Chatsworth. To schedule a consultation, use Calendly or call (805) 499-1900.