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  • 1.  Threat to harm one's animal as predicate act of DV

    Posted 12-20-2016 12:58 PM

    Looking for the case name or cite which hold that a threat to harm one's animal is or can be a predicate act of domestic violence.  I thought I had seen this recently.

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    Leslie Farber Esq.
    Montclair NJ
    (973)509-8500
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  • 2.  RE: Threat to harm one's animal as predicate act of DV

    Posted 12-20-2016 01:26 PM

    Not sure of any cases, but FYI - On January 17, 2012, Governor Christie signed the Domestic Violence Pet Protection Law . The law authorizes courts to include pets in domestic violence restraining orders. The court is allowed to enter an order "prohibiting the defendant from having any contact with any animal owed, possessed, leased, kept or held by either party or a minor child residing in the household."

    see NJ ST 2C:25-26, 27, 28, 29       

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    Jenny Berse, Esq.
    Cranford, NJ 07016
    (855) 326-5291
    [email protected]

    Original Message


  • 3.  RE: Threat to harm one's animal as predicate act of DV

    Posted 12-20-2016 01:54 PM

    At a minimum, I would think a threat to harm someone's animal would constitute harassment and allow someone to obtain a retraining order protecting both their person and the animal.

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    Blake W. Rush, Esq.
    Law Office of Blake W. Rush
    14 E. Main Street
    Clinton, NJ 08809
    (908) 713-9800 (PHONE)
    (908) 713-9803 (FAX)
    www.blakerushlaw.com

    Original Message


  • 4.  RE: Threat to harm one's animal as predicate act of DV

    Posted 12-20-2016 01:57 PM
    So sad.

    I would argue harming or threatening to harm an animal intentionally in front of another person or via phone call, text, social media, etc., under circumstances which meet all the statutory requirements for harassment, does constitute an act of DV. Same for intentionally subjecting another person to images or video of animals being harmed or who had been harmed by a 3rd party. Very fact and content specific. It would be great if there is a case out there on point but I don't think it necessary to prevail.


    Best of luck on your case, Anne

    Anne Cralle, Esq.









    Sent from my iPad


    Original Message


  • 5.  RE: Threat to harm one's animal as predicate act of DV

    Posted 12-20-2016 02:33 PM

    Thank you.

     

    ABS0049_LeslieFarber_Logo25

    Leslie A. Farber, Attorney at Law

    33 Plymouth Street, Suite 204

    Montclair, NJ 07042-2607

    Ph. 973.509.8500 x 213

    Fax: 973.860.1174

    eMail:  [email protected]

    web:  http://www.LFarberLaw.com

     

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  • 6.  RE: Threat to harm one's animal as predicate act of DV

    Posted 12-20-2016 04:49 PM
    Leslie -
    <x-tab>        </x-tab>I know there were a couple of DV unpublished appeals that addressed the issue of harming or threatening to harm animals as DV. As said, between "common sense" and the amendment to the statute, I don't think it'd be a hard sell to a judge that it constitutes harassment even without specific citations. The case I was thinking of was 6 months ago - https://scholar.google.com/scholar_case?case=11691481164447608411 . And there's https://scholar.google.com/scholar_case?case=10087319715307420421 . Here's all the potential cases that may address the issue  -- https://scholar.google.com/scholar?start=10&q=dog+%22domestic+violence%22+threat+&hl=en&scisbd=2&as_sdt=4,31 .



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    David Perry Davis, Esq.
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       www.FamilyLawNJ.pro
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    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

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