Minneapolis, MN asked in Animal / Dog Law for Minnesota

Q: Drunk neighbor baits my (50-lb) dog with his (99-lb) Great Dane in ally. He refuses to just walk by, he slows down!

This guy does this several times a week (often with beer & cig in hand). My dog's guard gets up, starts barking, and the neighbor actually slows down (!), walks his dog closer to my dog. Not in a friendly way. Any other responsible dog owner knows to move along from a dog defending his turf. My regrettable neighbor seems to enjoy getting my dog worked up. (Once when he brought his dog right up to our fence my agitated dog's paw drew blood on his dog's nose! Not my dog's fault, but I know law not on my side. Neighbor was too drunk to comprehend that he caused it, by leading his dog to my dog.) MY QUESTION: Do you think I could get an OFP to demand drunk neighbor (and his leashed dog) stay 5" away from my fence, and also refrain from slowing down to bait my dog? I hate that I'm even considering this but I'm losing my patience with this guy. He's such a creep. I am aware of MN's Nuisance Statute - which I suppose he could try to throw back at me. Thanks very much for your thoughts.

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1 Lawyer Answer
Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in Minnesota

A: I don't believe an order for protection would be granted on these facts, but MAYBE a harassment order. It is an unusual situation. Does he do this to everyone's dog or just yours? If just yours, why? Is your dog a 50 pound Pitbull?

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