Bill to expand protective orders to family pets ready for Governor’s signature

A bill that will make it easier for victims of domestic violence to move toward a safer life for themselves and their families, including their pets, is now only one signature – the Governor’s – away from becoming law.

The Iowa House on April 15 passed HF 286 by a vote of 87-10. The Senate had unanimously passed a similar bill as SF 2118 in March. Adrienne Smith of Jefferson was a driving force behind passage of the new legislation.

Adrienne Smith with Pookey
Adrienne Smith with Pookey

According to Smith, hearing from Rep Chip Baltimore (R) that the bill had passed in the House was euphoric. “It was such an amazing feeling, after working so long on it. It was the kind of day that made me not want to go to bed. I wanted the day to last forever,” Smith said.

The legislation draws family pets into the protective no-contact order that is often put in place between victims and abusers in cases of domestic violence. According to Smith, who is a longtime advocate against domestic abuse and for animal welfare, abuse of people and animals typically go hand-in-hand. “A person that abuses animals will abuse people, and vice versa,” Smith said. “If you abuse an animal you’re going to abuse a person, and so many times the abusive partner will threaten the family pet, and the person won’t leave because she doesn’t want to leave the pet behind.

Under the current Iowa Code, a person seeking a protective order against an abuser can list minor children, a home or vehicle in the order, but a pet is listed only as “other.” The new legislation allows the court to grant to the petitioner the exclusive care, possession or care of any pets whose welfare may be affected by the situation leading to the protective order.

Smith has worked for nearly four years at getting such a bill passed. Senator Daryl Beall (D) first sponsored the legislation in 2012 while he represented Greene County. The bill got no traction then, but Beall persisted and introduced it again in 2013. Smith continued writing letters and making personal contacts.

In this legislative session, Beall found support for the bill from Sen Rob Hogg (R-Cedar Rapids), who is chair of the Senate judiciary committee. Sen Janet Petersen (D-Des Moines) managed the bill on the Senate floor.

With the bill approved by the Senate, Baltimore, who represents Greene and Boone Counties, took up the cause in the House. It passed out of the House judiciary committee in March with only one dissenting vote. It was then the topic of lobbying and discussion, and passage in the House was not assured, despite the unanimous approval in the Senate. Finally, with the support of Baltimore and with Red Bobby Kaufman (R-Wilton) as floor manager, the bill was approved.

“It is an honor to have played a part in this legislation that will help victims of domestic violence free themselves from the emotional ties that keep them in abusive situations,” Baltimore said.

“While the bill took more effort and steps than we had originally hoped, but I can honestly say that without Adrienne’s passionate pursuit of passage of the bill, it most likely would have been bogged down at some point along the way. Adrienne’s efforts should be a symbol of what can happen when good people work hard to effectuate good public policy,” he said.

As of Wednesday, the Governor’s office has not yet set a date to sign the legislation. When the bill is signed, Adrienne Smith and her husband Rich will be there smiling.

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