San Jose, CA asked in Civil Rights for California

Q: Hi almost six years ago my boyfriend bought a pug a female pug for me and he keeps taking her from me and acting like sh

It's only his I've always cared for her he's been in jail and in rehabs and everything I've always cared for her and our other one I have her registered in my name as an emotional support dog can I use that with the police to get her to go get her I don't know what to do this time he literally attacked me and pushed me out of the way and grabbed her and took off thank you for any help you can give me

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1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: You may need to file a charge of civil harassment against your former boyfriend due to the assault and forcible taking of your dog, and include his unlawful taking of the dog as part of the charge against him. You can then ask the judge who hears your harassment complaint for an order compelling him to return the animal to you, along with any expenses you may be out of pocket for the damages he caused you when he assaulted you. You really don't need a lawyer to help you do this, because you can get the harassment complaint online by going here: https://www.courts.ca.gov/forms.htm

Then click on the link for Civil Harassment and scroll down to Form CH-100, which you can fill out and then print. But first look at Form CH-100-INFO, which explains what you will need to do and how to properly fill out the form. After you fill out the form, then print a copy and save another copy for yourself, because you will need that later. Actually, you should probably print out at least 3 copies of the form so you can file the original, serve your ex-boyfriend with the second, which will leave you with a copy for yourself.

After you do that, gather all your documentary evidence in support of your harassment claim (such as text messages, or emails to/from your ex concerning the incident, and pictures of your injuries, if any, and the dog), which you may want to attach to your harassment claim as exhibits depending on how helpful they are.

You will get a hearing date, and if the judge is convinced you should have the restraining orders, s/he will set another hearing date for a time when your former boyfriend can appear to try and contest the restraining orders, should they be issued. You will have to have the papers served on your ex-boyfriend (by someone other than you). And that will get you going in the right direction.

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