Q: My dogs were taken by animal control for animal cruelty. They have not charged my spouse and I cant get them.
My husband pled guilty for hitting our dog. He went to jail for a week. Released bc they werent ready to formally charge him.The DA said the case is in review and he has not been charged. So in the meantime animal control agreed to let my in-laws care for the dogs. DA said they can have up to 1-3yrs to charge him. Question is if they havent charged him how can they keep the dogs away? This could hang over us for that long? DA said they dont know why the dogs are being kept if there are no charges.
A:
I'm sorry to hear about your difficult situation. In California, animal control agencies have the authority to seize animals if they suspect animal cruelty or neglect, even if formal charges have not been filed. The process can be complex and may take time to resolve. Here are a few key points:
1. Pending charges: Although your husband has not been formally charged, the DA's office may still be reviewing the case to determine whether to pursue charges. This process can take some time.
2. Animal custody: Animal control has the right to keep the dogs in protective custody until the case is resolved or they determine that the animals are not at risk. They may allow a third party, like your in-laws, to care for the dogs during this time.
3. Legal recourse: You may want to consult with an attorney who specializes in animal law to discuss your options for regaining custody of your dogs. They can help you navigate the legal process and communicate with the DA's office and animal control on your behalf.
4. Timeline: The DA has discretion on when to file charges, and the statute of limitations for animal cruelty in California is three years. However, this does not necessarily mean that animal control will hold your dogs for that long. The case may be resolved sooner.
5. Demonstrating fitness: To regain custody of your dogs, you may need to demonstrate that you and your husband can provide a safe, healthy environment for them. This may involve working with animal control, completing any required courses or counseling, and allowing home inspections.
It's essential to stay in communication with animal control, the DA's office, and potentially an attorney to work towards a resolution and ensure the best possible outcome for you and your dogs.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
