The Provincial Court of Alicante has overturned a ruling by an investigating court that previously refused to issue a preliminary ban on pet ownership for a woman accused of killing her two dogs. The incident, which occurred in March 2025 in the Albufereta neighbourhood of Alicante, involved the woman throwing her two Yorkshire terriers, seven-year-old Bimba and less-than-two-year-old Max, to their deaths from the eighth floor of a residential building.
The Second Section of the Provincial Court granted the appeal lodged by the animal protection charity SOS Ayuda Animal, represented by lawyer Alejandra Bano Cortes from the law firm of Carlos Bano Leon. Both the Public Prosecutor’s Office and other animal welfare groups joined the appeal against the initial decision. The investigating judge had originally discarded the interim ban on the grounds that a year had passed without a similar crime being committed. The defence had acknowledged that the woman currently possessed a new dog, reportedly a Maltese bichon, arguing that it helped her psychologically.
In an order issued this Wednesday, the appellate court directed the investigating tribunal to confirm whether the woman currently lives with a dog or any other domestic animal. If confirmed, authorities must identify and seize the animal, placing it in the protective custody of a designated organisation.
The magistrates emphasised the extreme severity of the alleged actions and noted that the need to protect a vulnerable animal justifies preliminary measures without awaiting a final judgement. They recalled that the Criminal Code allows courts to adopt preventive measures to safeguard animals during criminal proceedings, including provisional custody changes.
At the time of her arrest at her home, the woman told police officers that she had thrown the dogs out because she was tired of taking them out to urinate and that it was always left to her. However, in court, she claimed she had no memory of the event due to consuming alcohol and pills. The criminal case remains open, and this ruling is final with no ordinary appeal permitted.
SOS Ayuda Animal Alicante expressed deep gratitude for what they termed a landmark decision, stating it marks a vital step forward for animal protection.
