Threats

[AngieO'Plasty]

What is the name of your state (only U.S. law)? Tx

If one spouse threatens to harm and or kill the other spouse's pets, is this legally considered abuse?

Would police intervene to keep harm from coming to the non human animals, or would harm have to occur for intervention to be warranted?

If one spouse did commit acts of violence against the pets, would the other spouse get in trouble for taking their child from the home?

We are not divorced or separated. Yet.

 

[st-kitts]

What is the name of your state (only U.S. law)? Tx

If one spouse threatens to harm and or kill the other spouse's pets, is this legally considered abuse?

Would police intervene to keep harm from coming to the non human animals, or would harm have to occur for intervention to be warranted?

If one spouse did commit acts of violence against the pets, would the other spouse get in trouble for taking their child from the home?

We are not divorced or separated. Yet.

OP/Dad. You have an interesting posting HX. You have been contemplating divorce for a year now...

There are animal cruelty laws in Texas.

If your wife harms your pets you can call the police. If your wife is destructive you are free to leave the house. You have equal rights to your mutual child. You have already been told that despite the fact you only work 4 days per month and you believe mom does 'nothing' when you are home and you do 'everything' for the child you are unlikely to get sole legal and physical custody as you desire. Leaving the house and taking your baby because of the issues with the pets isn't likely to get you where you are looking to go...

 

[AngieO'Plasty]

Thank you for your help; however, you didn't quite answer my questions.

A year can change many things & many situations. Where I'm looking to go isnt necessarily a path of sole custody or even of divorce, unless absolutely necessary.

I know tx has animal cruelty law - as far as I'm aware, though, they don't apply to an owner killing a pet in a humane way (a bullet through the head). While not physically cruel to the pet in question, it would be terribly cruel to one spouse. Hence the question - is the threat of harm or harm to a spouse's pet considered abuse?

Will police intervene in such a situation to protect the pet/restrain the other spouse? If harm has already come to the pet, can police remove the other spouse from the home?

And should the situation turn violent, can one spouse get into trouble for removing their child from the home? Or does a protective order need to be in place first?

Can a protective order be issued based on threats alone?

This matter is entirely different from the events of a year ago.

 

[Ohiogal]

Thank you for your help; however, you didn't quite answer my questions.

A year can change many things & many situations. Where I'm looking to go isnt necessarily a path of sole custody or even of divorce, unless absolutely necessary.

I know tx has animal cruelty law - as far as I'm aware, though, they don't apply to an owner killing a pet in a humane way (a bullet through the head). While not physically cruel to the pet in question, it would be terribly cruel to one spouse. Hence the question - is the threat of harm or harm to a spouse's pet considered abuse?

Will police intervene in such a situation to protect the pet/restrain the other spouse? If harm has already come to the pet, can police remove the other spouse from the home?

And should the situation turn violent, can one spouse get into trouble for removing their child from the home? Or does a protective order need to be in place first?

Can a protective order be issued based on threats alone?

This matter is entirely different from the events of a year ago.

I think you need to look again. If you kill the family pet with a bullet to the head you can be arrested and charged.

 

[mistoffolees]

Thank you for your help; however, you didn't quite answer my questions.

A year can change many things & many situations. Where I'm looking to go isnt necessarily a path of sole custody or even of divorce, unless absolutely necessary.

I know tx has animal cruelty law - as far as I'm aware, though, they don't apply to an owner killing a pet in a humane way (a bullet through the head). While not physically cruel to the pet in question, it would be terribly cruel to one spouse. Hence the question - is the threat of harm or harm to a spouse's pet considered abuse?

Will police intervene in such a situation to protect the pet/restrain the other spouse? If harm has already come to the pet, can police remove the other spouse from the home?

And should the situation turn violent, can one spouse get into trouble for removing their child from the home? Or does a protective order need to be in place first?

Can a protective order be issued based on threats alone?

This matter is entirely different from the events of a year ago.

You're not explaining yourself well. Where are you getting a protective order from?

Pets are property. If someone does harm to a pet that belongs to you, you can sue them for damage to your property. Of course, you have to prove that the pet belongs to you and you have to prove harm, but it's a simple property issue.

If there are animal cruelty issues, that's a criminal matter and would be handled by a call to the police or animal welfare agency. Ownership of the animals is not relevant.

If someone takes your property, that will not affect custody of children, nor will it be grounds for a protection order. Even cruelty to animals wouldn't necessarily affect custody, although if you were able to prove it, it possibly could - especially if the cruelty occurred with the kids around.

Please explain the issue. You don't need a day by day history of events, but just answer:

- Who owns the pets - or are they jointly owned?
- What did the other party actually do to harm the pets?
- What is the current custody situation (where is the child today)?
- Is there a court order regarding custody and, if so, is it different than where the child is actually situated?

 

[tuffbrk]

I dont' know your past posting history but as I experienced threats against our family pet while going through a divorce, I will give you the benefit of the doubt. I went to the police who said that there was nothing that I could do as my stbx was a co-owner of the home and could have our dog taken off of the property (he was threatening to have a friend remove her and have her killed. It took a month for me to find a temporary home for her).

Threatening to harm a pet is an act of abuse. Unfortunately, I didn't learn about this until I was in counseling after my divorce!

Domestic Violence and Abuse: Signs of Abuse and Abusive Relationships


Threats – Abusers commonly use threats to keep their partners from leaving or to scare them into dropping charges. Your abuser may threaten to hurt or kill you, your children, other family members, or even pets. He or she may also threaten to commit suicide, file false charges against you, or report you to child services.

Best wishes to your pet.