Q: Are dogs considered personal property?
My mother asked my brother to watch her dogs while she was out of town on a couple business trips. She has been asking for her dogs back since she got back and he is refusing to let her have them back. He is not working so all care related to the dogs while in his care reside with my mother. He lied about where he was living and where they are staying so she couldn't just show up, but she figured out where he was. He does not have the financial needs to care for them properly. Both dogs need special food because of a kidney condition and have to go to the vet quarterly to get blood drawn. Without my moms financial backing, he does not have the means to do this. Whilst my mom has been trying to get her dogs back, he sent her a message that one dog got sick in his friends car and said my mom needs to pay for the "damages". He made threats to her and cannot properly care for these dogs. Is this cruelty? Can she file a report for theft? Can she file a protection order against herself?
A:
Yes dogs are personal property and your mom retained her ownership in them if all she did was ask him to “dog sit” or “watch” the dogs. She can file a theft report, but it is possible the police will not get involved. If they do not, your mom will have to sue your brother in civil court to get the dogs back. It is possible your brother’s actions could be considered animal cruelty, but without more specifics, it is hard to say.
As for a protection order, if he is making threats on her life and/or her dogs, it is possible she could get a protection order, but more information is needed. She should definitely talk to local law enforcement and/or an animal lawyer.
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