Q: Is there an appeal process for keeping a dog on a restraining order. If the judge ruled against the pet being on it?
My daughter has left her abusive boyfriend after 6 years of documented abuse. They purchased a dog a year ago and he also has abused and neglected the dog. The TRO judge allowed the pet on the restraining order but when they just went for the hearing for the Permanent restraining order the second judge did not want to deal with the dog issue and ordered my daughter to return the dog to the abuser. She has been working with CORA in regards to domestic violence against her and the dog. Now the dog is in an usafe situation , the respondent is an alcoholic drug abuser , no job, no car, and little means to care for the dog.
Do we have any recourse?
Thank you
A: Your question indicates you are in MA, while you have posted in a CA forum. You should direct your questions you a MA attorney. You might be able to appeal, or go in for modification, if circumstances have changed, like you have evidence that the dog is actually endangered, rather than just possible fears that you raised last time. That only matters of she can establish an ownership interest. If she isn't an owner, she can't be awarded the dog by restraining order. Animal Control would have to take custody. Of course, none of this might apply in MA.
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