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Pets and Restraining Orders

Posted by Joseph D. Lento | Jun 16, 2022 | 0 Comments

Defendants facing restraining orders often worry nearly as much about how an order may affect access to and welfare of pets as they do about the effect of an order's restriction on persons. That concern is a healthy sign of how deeply we care for our pets. There's nothing wrong with having your retained New Jersey criminal defense attorney help you preserve your access to and ability to care for pets when aggressively and effectively defending an overreaching, unjust, or manipulative demand for a restraining order.

Pet Protection Laws

New Jersey's legislature adopted the Domestic Violence Pet Protection Law effective in 2012. The law authorizes, and indeed encourages, courts to include restrictions and protections relating to pets in domestic violence restraining orders. N.J.S.A. 2C:25-29(b)(19) specifically authorizes the court to enter an order “prohibiting the defendant from having any contact with any animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household.” The same provision goes even further to protect the domestic violence victim against the defendant's manipulation or abuse of pets by encouraging the court to award the pet to the victim, not the defendant alleged abuser. N.J.S.A. 2C:25-29(b)(19) adds, “Where a person has abused or threatened to abuse such animal, there shall be a presumption that possession of the animal shall be awarded to the non-abusive party.” New Jersey is not unusual in that respect. Many other states authorize similar protections, while the federal law 18 USC §2261A includes in stalking crimes actions making the victim fear the stalker will hurt the victim's pet, service or emotional support animal, or horse. Pet protections are common in restraining order law.

Responding to Pet Protection Requests

The authority of courts to include pet protections in New Jersey restraining orders makes it important to think about your pets when facing a domestic violence allegation and restraining order request. Don't forget the pets. The skilled and experienced New Jersey criminal defense attorney whom you retain to defend you may help you defeat an unnecessary or manipulative restraining order request. If the court enters a restraining order, your retained defense attorney can help you evaluate how best to provide for pets in that order and help you present the evidence that will convince the court to fairly and equitably treat your right to own, possess, and care for your pets.

Caring about your pets is a good and responsible thing, even in the midst of a domestic violence and restraining order dispute. If you face a restraining order or restraining order request that affects or could affect your ability to possess and care for your pets, retain New Jersey criminal defense attorney Joseph D. Lento and the Lento Law Firm for your aggressive and effective defense. Call 888-535-3686 for a consultation now or use the online service.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in New Jersey and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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When it comes to criminal defense cases, you need the right person in your corner. To learn more about how Mr. Lento can help you, call the Lento Law Firm today at 888-535-3686. or contact him online.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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