When domestic violence allegations surface in California, the safety of everyone involved becomes a priority, including family pets. Many people are surprised to learn that California law explicitly recognizes pets as part of domestic violence protection. But what happens if a Domestic Violence Restraining Order (DVRO) petition is denied? Can the court still make pet-related orders, including visitation or custody arrangements?
Here’s what California families and individuals need to know, especially if a denied DVRO still leaves unresolved conflict about a shared pet.
California’s Domestic Violence Laws Protect Pets But Only Within a DVRO
California’s Domestic Violence Prevention Act (DVPA) allows courts to issue protective orders involving:
- Personal conduct
- Stay-away provisions
- Child custody and visitation
- Exclusive use of property
- Care, custody, and control of family pets
But this power exists only when the DVRO is granted.
If a judge denies the restraining order request, the DVPA protections, including pet-related restrictions, do not apply. This means:
- The court cannot award exclusive possession of the pet
- The court cannot block the other party from accessing the pet
- The court cannot set “pet visitation” within a DVRO order
In short: A denied DVRO means the domestic-violence-based pet protections do not go into effect.
However, that does not mean the court is powerless.
If a DVRO Is Denied, Pet Issues Shift to Family Court or Civil Court
While a DVRO petition itself cannot be used to create pet visitation or custody orders without a finding of abuse, California courts can address pets in other legal contexts.
1. Family Court (for married couples, registered domestic partners, or parents)
Under California Family Code § 2605, pets can be treated similarly to community property during divorce or separation. Courts may consider:
- Who primarily cares for the animal
- Who pays for vet care, food, and grooming
- Who has the strongest emotional bond with the pet
- Whether either party poses a safety risk to the animal
Family courts may award temporary or permanent possession of the pet. However, this is separate from the DVRO process.
2. Civil Small Claims or Property Disputes (for unmarried couples or roommates)
If both parties claim ownership, the dispute becomes a property issue, not a domestic violence issue. Courts may determine:
- Who legally owns the pet
- Who adopted or purchased the pet
- Whose name is on veterinary or licensing records
Civil judges generally do not create “pet visitation schedules,” but they can decide who gets possession.
Can a Court Order Pet Visitation After a Denied DVRO?
The short answer: Not through the DVRO process.
DVROs can only include pet visitation or possession orders when the court finds that domestic violence occurred. If the petition is denied:
- No pet visitation orders
- No exclusive control over the animal
- No court-ordered restrictions involving the pet under the DVPA
However (and this is where people often get confused), a family court judge may create arrangements involving a pet in limited circumstances. But even then, formal “pet visitation” schedules are rare.
Family courts are more likely to:
- Award one party possession
- Avoid splitting time due to stability concerns
- Encourage voluntary agreements rather than court-imposed ones
If parties want a structured visitation arrangement, they typically must come to an agreement outside of court.
What If the Denied DVRO Still Leaves Serious Concerns About Pet Safety?
If you believe a pet is still at risk after the DVRO denial, you may have other legal options:
- Request a move-out order through family court: If there’s an ongoing separation, family courts can address living arrangements and possession of property, including pets.
- Seek an Emergency Protective Order (EPO): Law enforcement can issue a short-term emergency protective order when there is an associated domestic violence situation, and in some cases that order may extend to protect pets. However, an EPO cannot be issued solely for the purpose of protecting an animal without a related domestic violence incident.
- File for temporary orders in a divorce or custody action: Pets can be included in temporary property orders.
- Gather additional evidence and refile for a DVRO: A DVRO denial is not necessarily final if new incidents occur.
- Report animal abuse or neglect: California’s Penal Code protects animals from cruelty or endangerment.
You are not without recourse. You simply cannot obtain pet-related protections through a denied DVRO alone.
Similar Post: Emergency Protective Orders in California: What to Do If You’ve Been Served
Why DVRO Judges Often Decline to Issue Pet Orders Without a Finding of Abuse
Judges must have legal authority to act, and the DVPA requires:
- A qualifying domestic relationship
- A showing of abuse or threats
- A reasonable need for protective orders
If the court does not find enough evidence to support a DVRO, it cannot begin issuing property-related orders, including those involving pets.
This protects the due-process rights of both parties and ensures the DVPA is used strictly for abuse-related protections.
How to Protect Your Rights and Your Pet After a Denied DVRO
If you still share a household, property, or parental responsibilities with the other party, the denied DVRO is only the beginning of the legal picture.
A California attorney can help you:
- Determine whether another type of order is appropriate
- File for temporary possession of the pet in family court
- Gather evidence for a renewed DVRO request
- Negotiate a voluntary pet-sharing or surrender agreement
- Document threats, neglect, or coercive behavior involving the animal
- Respond to false accusations fairly and strategically
Pet disputes can be emotionally charged, especially when layered on top of domestic violence allegations. Having proper representation can prevent mistakes and protect your interests.
Similar Post: California Launches New Pilot Program Allowing Prosecutors to Seek Gun Violence Restraining Orders
Concerned About Your Pets After a DVRO Denial? The Law Offices of Christopher Chaney Can Help
If your DVRO petition was denied but you still have unresolved issues involving a shared pet, you don’t have to navigate the next steps alone.
The Law Offices of Christopher Chaney represents individuals across Los Angeles who are facing domestic violence disputes, complex family dynamics, and sensitive issues involving pets, property, and personal safety.
Our team can help you understand:
- Why the DVRO was denied
- What legal options remain available
- How to protect your rights and your pets
- Whether family court, civil court, or a renewed DVRO petition is appropriate
- How to strategically move forward without escalating conflict
Contact The Law Offices of Christopher Chaney today at 818-330-5198 for a free and confidential consultation. We’ll help you determine the best path forward and protect what matters most. We represent clients throughout California, including Los Angeles, Oxnard, Century City, and Culver City.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
