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CHAPTER 5 <br />Civil Remedies <br />FA <br />W <br />for Protection of Animals <br />Summary of Law <br />The criminal penalties for cruelty to animals are discussed in Chapter 2 of <br />this book. The civil remedies for the protection of animals are contained in <br />Chapter tgA of the General Statutes and are discussed below. <br />COURT - ISSUED INJUNCTIONS <br />For purposes of G.S. Chapter 19A the word "animal" includes every use- <br />ful living creature. The words "cruelty" and "cruel treatment" are defined <br />to include every act, omission, or neglect whereby unjustifiable physical <br />pain, suffering, or death is caused or permitted. However, these terms do <br />not include "taking" animals under the jurisdiction of the Wildlife Re- <br />sources Commission, lawful activities having to do with biomedical research <br />or training, or activities having to do with the production of livestock or <br />poultry (G.S. igA -r]. The stated purpose of Chapter 19A is to provide a civil <br />remedy for the protection and humane treatment of animals, in addition to <br />available criminal remedies. A real party in interest as plaintiff includes any <br />"person," even though such person does not have a possessory or owner- <br />ship right in an animal (G.S. igA -21. <br />A district court judge may issue a preliminary injunction upon the filing <br />of a verified complaint in any county where cruelty to an animal has been <br />alleged. The court, in its discretion, may issue the preliminary injunction in <br />accord with the procedure set out in G.S. iA -i, Rule 65. If the complainant <br />so requests, the preliminary injunction may give him or her the right to <br />provide suitable care for the animal. In addition, if it appears on the face of <br />41 <br />