Animals can be shielded by temporary restraining orders and will receive greater protection from pet hoarders after state lawmakers passed two pieces of legislation aimed at expanding and clarifying animal cruelty laws.

A bill written by House Judiciary committee chairman Rep. Jon Riki Karamatsu, D-41st (Waipahu, Village Park, Waikele), allows the family court, in cases of domestic violence, to include animals under the protection of temporary restraining orders.

"We have had numerous cases where an abuser uses the domestic violence victim's pets to control the victim," said City Prosecutor Peter Carlisle, in testimony submitted to the Senate Judiciary and Government Operations Committee.

"These abusers have, in many instances, threatened to harm or actually injured or killed the victim's pets in order to frighten the victim into remaining in the relationship."

Five separate studies conducted by domestic violence researchers found that between 49 percent and 71 percent of battered women reported that their pets had been threatened, harmed, or killed by their partners.

Further, a national survey of battered women's shelters found that 85 percent of those surveyed said that women seeking shelter at safe houses reported incidents of pet abuse, according to the The Humane Society of the United States.

Further evidence suggests that domestic violence victims often will not leave dysfunctional relationship out of fear for their animals' safety.

"Because of the often close ties between women, children and their pets, domestic violence victims delay leaving because they fear for their pets' safety," said Inga Gibson, Hawai'i state director of the Humane Society of the United States. "Experts in domestic violence have been writing about the link between pet abuse and domestic violence for over 20 years. Domestic violence professionals have firmly established a significant link between domestic violence and animal abuse."

The bill will authorize the courts to include pets under the protection of temporary restraining orders as a means of keeping the animal safe and reassuring the victim.

"Batterers will use a variety of tactics to maintain this control ... one tactic is to abuse or kill the family pet to demonstrate and confirm power over the family," said Ana Maring of the Hawaii State Coalition Against Domestic Violence. "Due to the threat of violence against their pets, many victims will not leave the abusive situation."

At least 11 states have enacted similar legislation including Maine, California Connecticut, Colorado, Illinois, Indiana, Nevada, New York, Tennessee, Vermont and Washington.

If signed by Gov. Linda Lingle, the bill will go into effect Jan. 1, 2010.

ANIMAL HOARDING

A bill first introduced in the Senate will prohibit the use of pinch, choke or prong collars as a means of tethering an animal to a stationary object, and amends the hoarding law by defining an animal hoarder as an individual found in possession of more than 15 dogs, cats or a combination of dogs and cats.

The previous number was 20. The bill also clarifies the misdemeanor offense of depriving an animal of sustenance, including food, water and shelter.

The bill is aimed at owners who leave their animals tied up 24 hours a day, seven days a week and those who obsessively collect animals and kennel them. The legislation stops short of limiting the number of hours an animal can be chained up — a provision the Humane Society of the United States had fought for.

Excessive chaining is shown to increase aggression in animals and the likelihood that a dog may bite or lash out at humans.

"We had supported a stronger provision that limited the number of hours a dog could be chained but were unable to reach consensus on that language," said Gibson. "It is our hope that next session ... we can get a stronger prohibition on chaining of dogs."

The bill began as a means to address the actions of a Kaka'ako woman who animal rights advocates say has kept as many as 19 cats in cages and shopping carts on the streets for more than 10 years.

As the legislation wound its way through committees, it grew in scope.

State Sen. Brickwood Galuteria, D-12th (Waikiki, Ala Moana, Downtown) said he wrote the bill at the request of constituents who wanted to provide the Hawaiian Humane Society some legal foothold for dealing with the woman in Kaka'ako.

"We're hoping it provides enough strength for the Humane Society to go out there and help the wahine," said Galuteria. "It's all for the greater good and that's where we need to be."