Littleton, CO asked in Animal / Dog Law and Domestic Violence for Colorado

Q: My girlfriend went to jail for a domestic dispute case for 14 days, leaving her dog.

When she came over for a civil standby in front of the officer she stated she was abandoning the dog. She left the state and left me with the dog, now days later she stated she wants the dog back. Do I have to return the dog or can I keep her? (While she was in jail one of her family members also told me to take the dog to the shelter as well.) And if I have to return the dog, can I demand compensation for room and board before returning her?

2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Absent an agreement for the care of the dog, legally demanding compensation is a weak claim (you can make the request, but enforcement is another issue...). As for returning the dog, you are claiming evidence of abandonment. If you can prove abandonment, the original property owner (the girlfriend) terminates her interest in property. The issue is that the evidence of the abandonment is oral in nature (this is generally the weakest form of evidence available). You have the option to keep the dog, but be aware that she can seek legal action to return the dog (this claims are not that common, but every situation is different...). It is your decision on how you want to proceed.

Mr.  H. Michael Steinberg
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Answered
  • Domestic Violence Lawyer
  • Greenwood Village, CO
  • Licensed in Colorado

A: This is not a legal advice website - so this answer is not advice - but the general rule is this - if someone abandons an animal and you adopt it - you do NOT have to return the animal if they later change their mind.. I would assume any Judge would refuse to return the animal to her - considering you the new owner for many reasons.

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