Shi Tao Zhang on Pets in Protection Orders: A Comparative Analysis of Four Common Law Frameworks and Recommendations to Expand Hong Kong’s Animal Law Regime (JKJLS)

"Pets in Protection Orders: A Comparative Analysis of Four Common Law Frameworks and Recommendations to Expand Hong Kong’s Animal Law Regime"
Shi Tao Zhang (Exchange Student)
Hong Kong Journal of Legal Studies (Volume 18, 2024), pp. 121 - 147

Abstract: As women’s liberation and animal rights gain more popularity in mainstream discourse, the intersection of intimate partner abuse and animal cruelty has emerged as a novel area of law. What happens when one’s significant other hurts their pet during family disputes? If a victim of domestic violence applies for a protection order, can their pet be covered by it as well? This article focuses on the legal recourses and social resources that are available in four common law jurisdictions: the United States, Canada, the United Kingdom, and Hong Kong. Starting with an overview of the connection between animal abuse and domestic violence, it then explores the legal framework and community resources available to victims of domestic violence who want to include their animal in a protection order against their abuser and who want to be sheltered alongside their trusted pet in the United States, Canada, and the United Kingdom. An analysis of the normative principles that underlie these legal regimes is then used to determine the prevailing attitude of the law towards animals. Finally, an overview of Hong Kong’s legal regime on the topic highlights the urgent need for reform and gives way to recommendations formulated through the examination of empirical studies and comparative legal perspectives.