The Oklahoma Bar Journal March 2024

Whether it’s utilizing Oklahoma’s laws to provide the maximum protection to human and nonhuman survivors of domestic violence or educating ourselves as lawyers so that we can best counsel our clients, lawyers play a vital role in facilitating refuge for all victims impacted by domestic violence.

success. Unlike traditional rescue and foster programs, where the nonprofit legally owns the animals in their care, domestic abuse victims usually need only temporary care while they work to secure a safe place for themselves and their animals. Lawyers can help these organiza tions minimize liabilities by making sure they are properly formed legal entities and have the necessary internal legal structure and paper work. Preparing and filing proper entity creation documents and drafting temporary shelter agree ments, waivers and liability releases, consent forms, foster forms, privacy/ nondisclosure agreements, best practice frameworks and more can be a tremendous aid in getting more temporary foster and shelter pro grams in place. 22 In addition, law yers can educate local city officials, hospitals and service organizations to help establish relationships of support and synergy with these temporary housing programs.

Lawyers can also help shelters navigate various grant program requirements. 23 The Pets and Women Safety Act (PAWS) of 2017 was signed as part of the 2018 Farm Bill. This federal legislation is expanding the availability of co-shelter options. PAWS’ purpose is “[t]o protect victims of domestic violence, sexual assault, stalking, and dating violence from emotional and psychological trauma caused by acts of violence or threats of vio lence against their pets.” 24 It directs the U.S. Department of Agriculture to award grants for shelter, housing assistance and support services to domestic violence victims with pets. By providing these services, lawyers can help create and grow programs that establish a network of temporary foster parents who can provide safe homes for animals, thus allowing human survivors to focus on their needs until they can find a safe place to bring their entire family back together away from their abuser.

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If you don’t have a place to live, you don’t have a place for your pet. Lawyers can help survivors obtain temporary and permanent safe housing for both human and animal survivors of domestic vio lence by negotiating and drafting solid lease agreements with proper pet addendums. More than 65% of households have pets, yet many landlords in the state elect not to rent to individuals with pets. Such decisions reduce their applicant pool, consequently increasing the need for subsequent legal counsel when a tenant, nevertheless, houses a pet on the property. Many land lords are unaware of the obligations and responsibilities they have to not discriminate and to provide reason able accommodations under the Fair Housing Act and the Americans with Disabilities Act. Both landlords and tenants would greatly benefit from the guidance of legal counsel.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL