Q: Drunk neighbor baits my (50-lb) dog with his (99-lb) Great Dane in ally. He refuses to just walk by, he slows down!
This guy does this several times a week (often with beer & cig in hand). My dog's guard gets up, starts barking, and the neighbor actually slows down (!), walks his dog closer to my dog. Not in a friendly way. Any other responsible dog owner knows to move along from a dog defending his turf. My regrettable neighbor seems to enjoy getting my dog worked up. (Once when he brought his dog right up to our fence my agitated dog's paw drew blood on his dog's nose! Not my dog's fault, but I know law not on my side. Neighbor was too drunk to comprehend that he caused it, by leading his dog to my dog.) MY QUESTION: Do you think I could get an OFP to demand drunk neighbor (and his leashed dog) stay 5" away from my fence, and also refrain from slowing down to bait my dog? I hate that I'm even considering this but I'm losing my patience with this guy. He's such a creep. I am aware of MN's Nuisance Statute - which I suppose he could try to throw back at me. Thanks very much for your thoughts.
A: I don't believe an order for protection would be granted on these facts, but MAYBE a harassment order. It is an unusual situation. Does he do this to everyone's dog or just yours? If just yours, why? Is your dog a 50 pound Pitbull?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.