Pets no longer ‘property' in domestic abuse cases as family law changes come into effect
Pets are now recognised as 'companion animals' not 'property'.
Some victim-survivors say their abusers 'weaponised' pets making it harder to leave. This article contains references to domestic violence and animal abuse. From 10 June 2025, major amendments to Australia's family law came into effect. Under the Family Law Amendment Act 2024 , the legal definition of family violence now includes "invisible" abuse such as economic control — where a partner restricts finances, coerces debt or deliberately worsens someone's financial situation. Courts are now also required to consider a broader range of factors when deciding who keeps pets after separation. The reform effectively means pets are no longer treated as property, but as "companion animals". Judges must assess whether there has been violence between partners, mistreatment of the animal, and the emotional bond between the pet and adults or children in the household.
These reforms aim to make it easier for victim-survivors to leave violent relationships without being forced to give up their animals.
Why pets matter in domestic violence cases Monique Dam, CEO of Lucy's Project — which supports victim-survivors and their animals — called the legal change a "significant shift". "It reflects the understanding that people can have very close and significant relationships with their companion animals and that we do need to consider the safety of the people and the animals they love as well," she said. Suzanne Painter, CEO of family violence support service Safe Steps, said pets were often a barrier to leaving violent homes. '(Pets) can be 'weaponised' by a person using violence. People who call us for help have told us about cases where their intimate partner or family member has made threats to harm their animals," Painter said.
"People may also not want to leave a violent situation for fear of what might happen to their pets if left behind."
Animal abuse often linked to family violence The RSPCA says animal cruelty is significantly more likely in homes where domestic violence is present — and it can sometimes be a warning sign for more serious harm. In July alone, Second Chance Animal Rescue received more than 28 requests for help from people fleeing violence. CEO Marisa Debattista said: "I myself have taken at least eight calls today." "We generally offer an emergency, two-week stay for a pet so that owners can get out of an immediate crisis and have some breathing space. We can then talk about the next options available to them."
For many, animals are not just pets — they are family, confidants and a reason to keep going.
One woman, interviewed as part of a national study , recalled leaving her abusive partner only to return days later out of fear for her pet's safety.
I left once without my pet, but I had to go back because I worried so much about her and missed her. Then I found a way to take my pet with me and I left for good. Animal Welfare Institute report 2014 Some survivors describe their animal as their only remaining bond — the one constant through ongoing abuse.
"We found a way to (take our pet with us) and now we are healing together," one mother said, according to the Animal Welfare Institute report 2014.
Domestic violence rates continue to rise Domestic violence affects people from all walks of life, regardless of age, background, location, income or social status. Since June 2024, 66 lives have been lost to domestic violence across Australia and in 2025 alone, that number includes 13 women and nine children, according to Safe Steps . Experts say reports of abuse have continued to rise year-on-year, a trend they attribute to better awareness and improved access to reporting.
A Victorian government spokesperson told SBS: "When women are still dying at the hands of men, we must do more — that's why we are changing laws, changing culture and delivering additional support for victim-survivors of family violence … so (they) can access the support they need and perpetrators are held to account." Stigma and social attitudes make it difficult for many victim-survivors to seek help, so organisations like Lucy's Project are working to shift the conversation by drawing attention to the often-overlooked link between domestic violence and animal welfare. "We share research to inform evidence-based solutions, and we deliver education to workers as well. And essentially, one of our main goals is to build a deeper understanding across sectors that the safety and well-being of people and animals is interconnected," Dam said. Lucy's Project contributed to the draft bill to amend the Family Law Act and gave evidence at the Senate hearing. In the past year, Lucy's Project has trained nearly 700 professionals across domestic violence, homelessness, animal welfare and veterinary services. If you or someone you know is impacted by family and domestic violence, call 1800RESPECT on 1800 737 732, text 0458 737 732, or visit 1800RESPECT.org.au . In an emergency, call 000.
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