Los Angeles, CA asked in Animal / Dog Law for California

Q: how can animal controle take &lock up my service dog because he bit someone i have a restraining order on.

the man shoulda never came into my home.i have a restraing order on him

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Animal & Dog Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, animal control may take a dog into custody if they believe the dog poses a danger to public safety or if the dog has bitten someone. However, if the dog is a certified service animal, there are additional legal protections in place.

In California, service animals are defined as dogs that have been individually trained to do work or perform tasks for the benefit of an individual with a disability. If your dog is a certified service animal and was acting in the scope of its duties when it bit someone, you may be able to argue that the bite was justified or that the dog was acting in self-defense.

Additionally, if you have a restraining order against the person who was bitten, you may be able to argue that the person was in violation of the restraining order by entering your home, and therefore the bite was a reasonable response to the person's unlawful presence.

However, it is important to note that the specifics of your situation can greatly impact the legal outcome. Therefore, it may be helpful to consult with an attorney who is experienced in animal and dog law in California to discuss your options and determine the best course of action.

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