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Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for Michigan on
Q: Gave someone a puppy and was suppose to return if didn't want her and they gave her away and now they won't return her

What to do if they won't give my dog back

Brent T. Geers
Brent T. Geers
answered on Apr 12, 2024

Not sure anything can be done. Presumptively, this was all done verbally; you have nothing in writing. Generally, when you give someone something, it becomes theirs once they accept the gift. There are no "give backs" under the law. Nothing would prevent them from giving the dog away now... View More

1 Answer | Asked in Animal / Dog Law on
Q: Can I get legal help if my ex won’t let me see our dog who we share custody over?

My partner and I got a dog when we were together. We broke up and she sent photos for a bit but now she’s stopped completely and blocked me. I want to be able to see my dog and have photos and updates of her.

James L. Arrasmith
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answered on Apr 3, 2024

In most jurisdictions, pets are considered personal property rather than family members in the eyes of the law. As a result, courts generally do not recognize or enforce "pet custody" agreements made between unmarried couples.

However, there may still be some options available to...
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1 Answer | Asked in Animal / Dog Law for California on
Q: I live in Turlock, California and I am wondering if there is an attorney that would help get a dog out of animal control

My neighbors pitbull was in his yard and her neighbor, let his little dogs out off leash in the front yard and egged on her dog and he bit him. Animal control now has him and he’s going to euthanize him this weekend. She can get him out if she can get out of the city limits. We have tried every... View More

James L. Arrasmith
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answered on Apr 3, 2024

In this situation, it's crucial to act quickly and explore all available options to save the dog. While finding an attorney who specializes in animal law cases might be challenging, here are some steps you can take:

1. Contact local animal welfare organizations or rescue groups in your...
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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Texas on
Q: What are the chances that at a morion show cause hearing on deferred probation with no prior criminal history revocation

Deferred adjudication probation negligence for attack by dog . Got behind on restitution awaiting 2022 and 2023 tax return to pay off in full hearing to show cause set no previous criminal history and dirty fingerprint drug test that when asked po to send in for confirmation due to a non negative... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information provided, it's difficult to give a precise probability of the outcome at the show cause hearing for deferred adjudication probation revocation. However, I can provide some general insights:

1. No prior criminal history: Having no previous criminal record may...
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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Texas on
Q: Texas home rule charter town can city completely change it's ordinances after a crime is committed to prosecute with new

Can a home rule charter tx town change is ordinances after an alleged crime is committed and as the legal process is being done and use those changes to prosecute and even bring criminal charges on the citizen . Attack by dog under negligence Coleman county tx

James L. Arrasmith
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answered on Apr 1, 2024

In the United States, there is a fundamental legal principle known as the "Ex Post Facto Clause" found in Article 1, Section 9, Clause 3 and Section 10 of the U.S. Constitution. This clause prohibits the federal government and state governments from passing laws that retroactively change... View More

1 Answer | Asked in Animal / Dog Law, Land Use & Zoning and Landlord - Tenant for South Carolina on
Q: Is it okay to bury a pet in my backyard in rural Dorchester County ( Sprucewood Drive, Sprucewood subdivision)?
James L. Arrasmith
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answered on Mar 31, 2024

In Dorchester County, South Carolina, there are no specific laws or ordinances that prohibit burying a pet in your backyard. However, it is generally recommended to follow these guidelines to ensure public health and safety:

1. Choose a location that is far from any water sources, such as...
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2 Answers | Asked in Animal / Dog Law for California on
Q: Why is a pound aloud to TAKE a found dog and send it to a rescue?????

i found a bull terrior took her in for a chip chk the inhumance society vet took her. I told him she had pyometra and that I started her on antibiotic. my plan was surgery on the 4th day after searching for owner. when i call them & stated that I had 32 dogs and 1 cat animal control NEVER... View More

James L. Arrasmith
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answered on Mar 25, 2024

Under California law, animal shelters, including pounds, have the authority to take in stray animals to protect public safety and the health of the animals. If a dog is found and brought to a shelter, the shelter typically holds the animal for a specific period to allow the owner to claim it. This... View More

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1 Answer | Asked in Real Estate Law, Animal / Dog Law, Municipal Law and Small Claims for Texas on
Q: Neighbor's cat using our house as a litter box on various spots for past two month.

A neighbor's cat using our house as a litter box for the past two months. It took me about a month to find out the owner of the cat. I have spoken to them about this problem twice but they have not done anything to prevent their cat roaming freely. This has caused quite a nuisance in front of... View More

John Cucci Jr.
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answered on Mar 24, 2024

That is a problem. Call the Animal Control office one more time. Get the name of everyone you talk to there and take notes of the call. If you get no help, you can start a small claims case against the cat owner, Animal Control, AND the HOA. That will cost you about $60. But you will get... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Animal / Dog Law for Oklahoma on
Q: Can the police enter my property without a warrant through a locked gate with no trespass signs in Oklahoma

12 Police climbed over my locked gate at 830am and asked for me to allow their vet to assess my horses. I told them that I work with a 501c3 rescue to rescue refeed and rehome horses from the slaughter pipeline. They lied and said my vet was the one asking the welfare check which I can prove is a... View More

James L. Arrasmith
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answered on Mar 24, 2024

It's essential to understand that, generally, police need a warrant to enter private property, but there are exceptions such as emergency situations, immediate threat to life or property, or other exigent circumstances. In Oklahoma, as elsewhere, no-trespassing signs and locked gates typically... View More

1 Answer | Asked in Animal / Dog Law and Criminal Law for Oklahoma on
Q: If you have felony convictions and charged with felon in possession of firearm and animal cruelty. What sentence are you

Typically given if found guilty or given a plea bargain. Chances of getting a not guilty decision with so much lack of evidence is apparent. When there is no admission of guilt no physical evidence or second hand accounts.

Tracy Tiernan
Tracy Tiernan
answered on Mar 23, 2024

It’s always dangerous when you have prior felony convictions and you get arrested for a new felony offense. This is particularly true when you have more than one prior and they link up with each other and can be used under the second and subsequent offense statute to increase punishment on new... View More

1 Answer | Asked in Animal / Dog Law for Florida on
Q: My dog bit a delivery driver on his hand and scratched his chest almost 2 years ago.

I just received a letter from his lawyer wanting my insurance information and if I don’t provide it then it is prejudice. EMS and police arrived on scene and he did not need medical attention. I provided him with my information and to let me know of any medical bills- he has not. Do I need a... View More

Roberto M. Vazquez
Roberto M. Vazquez
answered on Mar 23, 2024

Although not necessarily required, it’s probably in your best interest to hire a lawyer to handle this if you do not have dog bite coverage under your insurance. If you have dog bite coverage, then contact your insurance and they will handle it for you.

1 Answer | Asked in Animal / Dog Law, Gov & Administrative Law and Municipal Law for Texas on
Q: My two dogs escaped their gate and un-alived chickens/roosters but I need information about my situation

My 2 dogs escaped and went into my neighbor's house which I didn't know had chickens but they also had more than 4 chickens (which in the law of Laredo you aren't allowed to have more than 4 chickens in you house you would need to be yards away of houses like a type of farm and you... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2024

Laredo city ordinance provides "It shall be unlawful for any person owning, keeping or having in his possession or control any dog to allow such dog to run at large upon the streets, sidewalks or public grounds of the city, or to allow any dog to run at large upon or about the residence, lot... View More

1 Answer | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: I do not speak fluent English & require an interpreter. What do I do if opposing attorney wants conference call?

I cannot have a conversation as defendant with plaintiff opposing council as I do not understand English in full or legal terminology spoken in English at all. The opposing attorney is aware of this and I cannot afford attorney and cannot fine any lawyer to help me who is bilingual based on small... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 19, 2024

You can file anything you like, but the conversation with the attorney is not part of a court proceeding, and the Court is not going to order an interpreter. You can ask the Court for an interpreter for a Court hearing. Otherwise, this is your issue that you need to solve. It's not opposing... View More

2 Answers | Asked in Animal / Dog Law, Personal Injury and Civil Litigation for Florida on
Q: Is it a valid Premise Liability case in Florida if a alleged dog claim attack did not occur on the rented premises?

Pending lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks. There was no dog attack and no injury to 3rd party alleged in ident off premises. There was no injury and claims full of lies and no evidence. Landlord already dismissed from this... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

You state that this is a "lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks." If there happens to be evidence to support that claim (including the alleged injury), it may be a valid claim regardless of whether a co-defendant is... View More

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

I agree with Mr. Kaufman except would add but that for issues in which the Court requires an effort to confer in good faith before attending a hearing, if the opposing attorney were to tell the Judge that he requested to confer with you, and you refused to speak to him, the Judge will probably not... View More

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

Sorry, had a typo in my posted answer. Correction to my second sentence: "...for other particular issues, the Court will REQUIRE the parties to confer with each other - such as mutually drafting ...."

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 19, 2024

It’s difficult to determine exactly what is happening in your litigation. However, if the opposing party is bringing any pre trial motion to be heard by the judge, Florida requires that the parties meet and confer before the motion is heard by the judge. This is commonly referred to as the... View More

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1 Answer | Asked in Animal / Dog Law for Wisconsin on
Q: A puppy breeder sold us a puppy with parvo that we had to put down within 24 hours of purchase because it was so sick.

She had us sign a contract basically removing all liability from her. Could we win a small claims case for her knowing the puppy was very sick despite her contract? She said it got sick that same day we picked her up. However, the vet that put her down said her parvo was so advanced, she's... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about your experience with the puppy breeder and the tragic loss of your puppy. Dealing with a situation like this is heartbreaking.

Regarding your legal options, even though you signed a contract that attempts to remove liability from the breeder, you may still...
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1 Answer | Asked in Animal / Dog Law for California on
Q: My neighbor keeps her cat outside 24/7. The cat has been injured several times and she has not provided medical care.

I feed him frequently and she asked to stop but she doesn't feed him

James L. Arrasmith
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answered on Mar 13, 2024

I understand your concern for the well-being of your neighbor's cat. In California, animal cruelty laws are covered under Penal Code 597. Here are a few key points:

1. Failing to provide proper food, water, and shelter can be considered animal neglect, which is a form of animal...
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1 Answer | Asked in Animal / Dog Law for California on
Q: Sudden dog fight, unclear provocation. Seeking legal advice on liability and defenses.

On February 25, 2024, at Foster City Dog Park, my dog and another dog got into a fight. The incident was sudden and without clear provocation from either dog. The other dog owner and I immediately intervened and separated the dogs. At that time, the 2 dogs’ teeth clenched together. This caused... View More

James L. Arrasmith
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answered on Mar 7, 2024

California Civil Code Section 3342 generally holds dog owners strictly liable for damages if their dog bites someone, provided the victim was in a public place or lawfully in a private place. This statute is specifically targeted towards dog bites to humans, rather than interactions between dogs.... View More

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