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By Lt. Steve Knight, Director, Humboldt County Animal Care & Control  Section 597 in the California Animal Laws Handbook Penal Code titled, 'Crimes Against Animals' states that "every person who maliciously and intentionally maims, mutilates, tortures or wounds a living animal or maliciously and intentionally kills an animal, is guilty of a (crime)."
This is the criminal code under which the District Attorney and Law Enforcement operate under when prosecuting animal abuse cases. These cases are wobblers, meaning the District Attorney Office can prosecute them as a misdemeanor or felony. Generally they will evaluate the severity of the case and a suspect's criminal history when making a determination on what and how to charge them. People abuse animals for a variety of reasons. Sometimes animal cruelty suspects will use animals as their terrorist tool to intimidate family members, relatives or others that they are angry at. In cases of Domestic Violence it is usually a control issue. The suspect feels they are unable to control the victim so they use force or fear to try to establish that control. Most people look at their dog or cat as a member of their family. Many times they are very close to their animal, and the abuser knows it. So when the abuser is trying to cause pain to the victim they use the animal as a tool to cause that pain. Classic cases are where the domestic violence suspect tells the victim that if they leave them or don't do what they want, they will kill or harm their dog or cat. There have been several cases in Humboldt County where suspects have killed, injured or maimed a victim's dog, cat, bird or other domesticated animal. What can you do? If you are a domestic violence victim you need to contact your local law enforcement immediately. Domestic Violence is taken very seriously by law enforcement, the courts and district attorney. You should do the same. Humboldt Domestic Violence Services can also be of assistance. Their number is 443-6042. When law enforcement is involved let the officer know if your domestic animal has been harmed or threatened. Many times victims forget to mention it. If threats are being made to harm your pet, if possible have a place to take it to remove them from potential harm before it occurs. Neighbors, friends, and relatives are good places to start. If you seek a restraining order on your abuser, make sure to have the pet included. If violence against your pet occurs, make sure law enforcement has access to any witnesses, vet records, and instruments used to commit the crime. The animal itself is evidence. Remember: be safe, and don't ignore the warning signs. Domestic Violence does not improve with time, typically it only gets worse. Protect yourself, you family and your pets. humane@sequoiahumane.org |
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