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Questions Answered by Kristina M. Bergsten
1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Can my friend take her dog, legally?

My friend is moving out of her negligent parents' house. She's almost 20. She's paid for everything with the dog, paid the adoption fees, paid for vet costs, etc. She's wanting to re register the dog's microchip information to herself, (it's presently in her father's name) and take the dog with her... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jan 13, 2020

If she paid for it, she has a strong argument the dog is hers. As for the microchip, it's usually company policy that they won't change the name of the person on the microchip without consent from the primary account holder, which, it sounds like, is her dad. She can take the dog with her since she... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: What am i requesting the court to do?
Kristina M. Bergsten
Kristina M. Bergsten answered on Jan 13, 2020

Without any information about your situation, or anything, it is impossible for anyone to answer this question.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: I am a red Cross disaster relief client and under sercumstances that were out of my control my dogs were under distress

They bit someone and have been taken by Adams county animal shelter and I'm afraid they might be trying to euthanize my dogs !

Kristina M. Bergsten
Kristina M. Bergsten answered on Jan 11, 2020

They won’t euthanize your dogs unless and until you’re convicted of owning a dangerous dog, or whatever you’re charged with. But if you don’t pay the impound fees, your dogs will be forfeited to the shelter. You have 10 days from the date the dogs were taken to challenge/object to them... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: My dog was taken by animal control 4 biting an officer on public property. He was leashed. How do i get him back?

I am homeless. My dog was at camp leashed. Cop walks up an my dog nipped his hand. We were camping on public property. Whar can i do? I need him..

Kristina M. Bergsten
Kristina M. Bergsten answered on Jan 11, 2020

You have to file an impound contest hearing motion within 10 days of your dog being seized. If you don’t, then you have to pay “costs of care” fees every month. If you can’t pay, they consider your dog forfeited. It is a callous law, but that’s the law for right now. Writing a letter to... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: If my dog is in his fenced in yard and attacks a cat that came into our property can we be sued?

My husband and I just relocated to Colorado. Our house has a fenced in back yard but we’ve seen some cats in our yard. Our dog is very sweet and loves to play with other dogs but hasn’t been around any cats. He goes out and in whenever he wants. We don’t watch him too closely outside since... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jan 10, 2020

Most likely, the cats will eventually stop coming in your yard once your dog’s scent is established. That said, the answer to your question depends on whether or not these cats are owned by someone who will bring a lawsuit against you or file criminal charges. Then that raises the issue of... Read more »

2 Answers | Asked in Animal / Dog Law for Colorado on
Q: A friend of mine has 8 cats. She lives in a townhouse. Can she find out who filed a complaint against her?
Kristina M. Bergsten
Kristina M. Bergsten answered on Jan 8, 2020

Possibly. It depends on the animal control division. But most likely not unless she sues and subpoenas the information.

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1 Answer | Asked in Animal / Dog Law for Colorado on
Q: My dog had surgery and Staples and we let a "friend" take him for 2 weeks just to heal. Now she said he isn't ours

He's been legally adopted and he is no longer ours that we will never get him back now is this legal and what can I do to get my dog back

Kristina M. Bergsten
Kristina M. Bergsten answered on Jan 5, 2020

You can call the police and see if they will help you and get the dog. But often they won’t get involved. If the police won’t help, then you will have to file a lawsuit to get the dog back.

1 Answer | Asked in Animal / Dog Law and Domestic Violence for Colorado on
Q: My wife assaulted me, there is a protection order in place, she wont get her animals, can i take them to the shelter?
Kristina M. Bergsten
Kristina M. Bergsten answered on Jan 2, 2020

No.

If the protection order is against her to protect you, you can contact her to make arrangements for her to get her animals. OR you can contact a mutual friend to take the animals.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: My cat was stolen 5 years ago. It showed up under new name, emaciated. A flyer for the cat was on my door only.

I filed a police report last year when I knew who had taken him. I told her where the cat lived and she said she knew. She moved and cat disappeared. When I contacted the police in new town they said civil matter. Cat showed up just over a year later so she must have brought him back. He's under a... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Dec 21, 2019

Did you try calling the police again?

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: My dog was taken by my sister while i was asleep and given away what can i do? She just turned 18 im 27 we live at home.

Sister was given a dog almost 2 years ago by BF and she asked mom who owns the house we all live in if she could keep it. she already has a cat that was purchased "for her" but she doesn't take care of it so mom refused. I step in because i love the dog and say i will take financial responsibility... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Dec 17, 2019

You will have to sue him and your sister to get the dog back.

2 Answers | Asked in Personal Injury, Animal / Dog Law, Insurance Defense and Landlord - Tenant for Colorado on
Q: If someone else's cat bit me, after it had entered my house and I tried to remove it, can i be liable or sued?

I woke up and I hear meowing coming from somewhere, and I thought it was my cat. It was actually another person's cat that was outside my front door. I didn't know this because it had no collar and I hadn't seen it before. Over the next couple of hours the cat stayed out there. I had gone and came... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Dec 13, 2019

Most likely the adjuster is calling you to pay for your injuries so you don't sue the owner. But, I do not know. I would recommend taking the call to find out what the adjuster wants.

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1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Can you get arrested if you Do not return a dog in a civil case in Colorado?

The judge ordered against me today and a temporary judgment and told me to return my dogs to my ex-girlfriend. At the end of the trial he acted like he did not know she committed domestic violence in September when the clerk told me that he was aware.

Kristina M. Bergsten
Kristina M. Bergsten answered on Dec 11, 2019

It’s a little unclear what happened and what the order was. Depending on the order and the type of case, you could be held in contempt of the order and arrested based on that contempt until you comply.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: My dog went through ER surgery last week to remove a mass that had ruptured. We are now waiting on biopsies.

June 2018 we had a radiograph done for another matter concerning her stomach showing abdominal opacities in the area of concern that her primary vet didn't respond to or suggest further diagnosis when I asked via email if we should confirm per the specialist that looked at them. Do I have a case?

Kristina M. Bergsten
Kristina M. Bergsten answered on Dec 7, 2019

Possibly. More information is needed, likely following the biopsy.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Can animal control take my dogs even if there’s no proof from my neighbor’s allegations?

Animal control showed up with a complaint from one of our neighbors saying two black dogs were in their yard through the fence. While I have two black dogs and a third small tri color dog, no new fence boards are up and they were watched all day when being let outside. The officer said the fence... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Dec 4, 2019

Animal control is being a little overzealous, here, in that threat. They technically can take your dogs, but they usually don't, especially when they can locate the owner.

And yes, you can get a criminal charge based on some random neighbor making some random complaint, without video or...
Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Ex left dog with me and my dog, she is an unfit parent who has made no effort to reclaim him and lied about why

My ex left her dog with me in October, he had been with me since June, but she left in October and left him behind and has not come back. She will ask how he is occassionally, but thats it. He is thriving in his new home with my other dog.. She now claims it was at my request that he stay, it was... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Dec 4, 2019

There’s no way to preemptively take the dog from her. Technically, the only she can get him out of your possession is to sue you and win. So unless and until she does that, the dog can stay with you. The longer he stayed with you, the stringer case you can build that he should remain with you.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: We brought our dog from Vietnam to the US and my stepdad registered and microchipped our dog in his name.

We are currently moving away from him due to family issues and we would like to bring our dog with us. What can we do to legally get our dog back? Can we re-register him and change the ownership of the chip from his name to ours?

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 30, 2019

Microchipping is not indicative of ownership. So you can move with the dog regardless of the microchip.

The only way to change it, though, is to call the microchip company. They will say they need his permission, but if you explain the abuse that’s happening, they might let you change it...
Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: My dog attacked a neighbors dog, harming but not killing him. My neighbor says he is suing. What liability could I have?

My dog ran out my front door before I could stop him. He has no history of violence; he's never bitten a person or dog before. He ran across the street where a neighbors dog was barking at him. He gained entry to the neighbors yard through a hole in his fence and attacked his dog. The dog survived... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 24, 2019

He can sue you and probably win based on these facts, but his recovery is limited to the value of the vet bills. You could also get a criminal citation that will go on your record unless you fight it. If the person gets their vet bills through the civil process or the criminal process, he has been... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: A month ago my daughter took my dog and will not give her back or even let me see her .I have had her for 8 years .

Every one of her vet and tag papers are in my name.She took her to the vet 1 time now she says she is her dog.Can I file for visitation at the very least?Im in Denver and she is in Golden Co.

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 20, 2019

You can sue her in civil court to get your dog back, or you can file a police report and see if the police will help you get your dog back. If the police won't help, your only recourse is to sue her in civil court and you should speak to an attorney about handling that so it is done properly.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Can someone point me to a link or direct contact to answer questions regarding animal property law in a marriage?

I had previously asked if a spouse could get rid of a pet without the consent of the other spouse but I need more information on this. Thank you

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 19, 2019

The only way to get a direct answer is to speak with a lawyer and the lawyer will likely ask you to pay for his/her time since you are asking for specific legal advice and not a general answer.

1 Answer | Asked in Family Law and Animal / Dog Law for Colorado on
Q: In colorado, if my husband and I are married, can I disburse of a pet without his consent?

We aren't getting divorced, just going through a rough time.

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 19, 2019

It depends on who owns the pet. If you own it, you can do whatever you want with it. If he owns it, you need his consent. If you own it jointly, you need his consent.

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