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Texas Animal / Dog Law Questions & Answers
0 Answers | Asked in Divorce and Animal / Dog Law for Texas on
Q: What are my rights to an ESA dog during a divorce? (Texas)

My spouse and I are going through a divorce in Texas. My sister originally gave us her dog, which has become my documented Emotional Support Animal (ESA). For the last 3 months, my spouse has had custody of the dog and is trying to bar me from seeing her. In my spouse's response to the divorce... View More

0 Answers | Asked in Social Security, Animal / Dog Law and Family Law for Texas on
Q: Can courts order visitation for an emotional support dog in Texas?

I am on Social Security mental disability benefits and rely on my emotional support dog, who is registered with documentation. My spouse, from whom I am separated, claims she can be awarded visitation rights (1st, 3rd, & 5th weekends) for my emotional support dog. My spouse never showed... View More

0 Answers | Asked in Employment Law, Landlord - Tenant, Animal / Dog Law and Gov & Administrative Law for Texas on
Q: What are my rights in Texas when asked to relocate in a hotel due to AC repairs?

I am on active duty orders and have been staying at a Stay APT hotel since August. Since October, my air conditioning unit has not been working, and despite reporting it immediately, no prior arrangements were made for repairs due to my pet. Now in March, management demands I relocate for repairs,... View More

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Texas on
Q: Can I sue a shelter for adopting out my chipped pet without contacting me?

I recently had my chipped pet surrendered to a county shelter without my consent. Although the microchip is registered under my name through HomeAgain, the shelter never contacted them. The shelter admitted to improperly handling the intake by not contacting me based on the chip information and... View More

John Michael Frick
John Michael Frick
answered on Mar 5, 2025

Yes you can. You will be able to recover the fair market value of your dog at the time the shelter adopted the dog out. Factors going into this calculation include the breed and pedigree of the dog, its age and health, and any specialized training or skills the dog may have. The trier of fact... View More

0 Answers | Asked in Animal / Dog Law and Personal Injury for Texas on
Q: Can I use lethal force in self-defense against a dog in Texas?

I was walking my small dog in a park in Texas when an unfamiliar dog chased us and tried to bite me multiple times. I want to know if it's legally permissible to use lethal force in self-defense against a dog in such situations. The dog had not been seen by me before, and I felt threatened for... View More

0 Answers | Asked in Animal / Dog Law, Contracts and Civil Litigation for Texas on
Q: Can I be sued for selling a puppy with parvo in TX?

I sold a puppy to someone in Texas, and two days later, they informed me that the puppy had parvo. Unfortunately, the puppy died, and they incurred significant costs for treatments. They are now threatening legal action. I did not know the puppy was sick at the time of sale, and all the other... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law and Federal Crimes for Texas on
Q: My report says that the k9 officer saw me drive out of a dead end street that has a known home on the street to be a

Drug house. And he followed me to run my plates to pull me over for no insurance. In the report he states traffic stop for no registration. Now he already had his k9 dog in the back of his car at the time of the stop. A second officer pulls up. After 37 minutes from being stopped to dog sniff to... View More

James L. Arrasmith
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answered on Jan 10, 2025

This situation raises several concerning legal issues regarding the traffic stop and subsequent search. The initial basis for the stop appears questionable, as merely exiting a street with a suspected drug house typically doesn't constitute reasonable suspicion for a traffic stop.... View More

3 Answers | Asked in Animal / Dog Law and Personal Injury for Texas on
Q: I was bit in my face by a pit bull on jun1 I have a major scar on my face can I sue the dog owner
Daniel Estrada
Daniel Estrada
answered on Dec 30, 2024

Generally, the recent past Texas cases would allow the Dog owner to avoid liability if he had no knowledge of his dog's propensity to bite--so the dog's first bite was a "free bite". However, a few factors would create possible negligence of the dog owner if there is evidence... View More

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2 Answers | Asked in Criminal Law and Animal / Dog Law for Texas on
Q: Can I press charges for someone stealing my pet pig and then sending a video of them doing it.

She also messaged me telling me that she did it and messaged my other roommate saying she did.

John Michael Frick
John Michael Frick
answered on Nov 22, 2024

Yes. But law enforcement and the district attorney are not obligated to file formal criminal charges even if you do.

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1 Answer | Asked in Animal / Dog Law for Texas on
Q: My dog got electrocuted and is alive. Issue reported before incident. Landlord dropped ball and he was electrocuted

He's actually doing well. No signs of trauma. What are my rights

John Michael Frick
John Michael Frick
answered on Nov 12, 2024

If your landlord was negligent, you likely can sue for any vet bills incurred treating your dog.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Can I sue a dog seller for not making sure the animal was delivered to me?
John Michael Frick
John Michael Frick
answered on Aug 28, 2024

It depends on the terms of your agreement. Most sale transactions of this type are very simple. The Buyer chooses a dog from the Seller, pays the Seller, and leaves with the dog (and any paperwork).

When "delivery" is involved, a Seller may satisfy its duty by delivering a...
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1 Answer | Asked in Contracts and Animal / Dog Law for Texas on
Q: Does something signed on my behalf while I was a minor effectively become mine when I turn 18?

My parents purachsed a horse for me when I was a child. Even though the horse is in my name, do I own it now that I am an adult, or do they since they signed on my behalf?

John Michael Frick
John Michael Frick
answered on Aug 16, 2024

Texas does not generally prohibit minors from owning property. There are certain specific things (tobacco, alcohol, etc.) that a minor is prohibited from buying and owning, but a horse is not one of those things.

The horse has been yours since it was purchased for you in your name.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Hi if I was coerced into surrendering my doggy because he threatened me with reporting me as animal cruelty and neglect?

Animal control agent used my situation and how distraught I was against me leaving me no choice but to willingly give up my doggy. She was unjustly and untimely put down. I seek restitution for her name sake.

John Michael Frick
John Michael Frick
answered on Aug 6, 2024

Coercion requires evidence of the use of force, or threatened use of force. For example, the classic example of coercion is holding a gun to someone's head and saying: "Sign this or I will shoot."

Being "distraught" and someone using your "situation"...
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1 Answer | Asked in Animal / Dog Law for Texas on
Q: Question on dog bite on person.

Question on dog bite on person. 

A neighbors dog got out and ran on our property and was aggravating our dog. 

Our dog broke the fence picket and got into a fight with neighbors dog in our front yard. A neighbors handyman came and tried to break up the dogs and his leg got bite... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

Both you and your neighbor were likely negligent per se by failing to keep your dog in your own respective yards. In a lawsuit, a judge or jury will allocate responsibility between you based on all of the facts and circumstances and may allocate some degree of responsibility to the handyman for... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: This shelter claims my dog is there property . I never gave consent for my dog to get vaccinated.
John Michael Frick
John Michael Frick
answered on Jun 17, 2024

If a shelter can establish that the dog belongs to it, the shelter does not require your consent to vaccinate the dog.

If a shelter cannot establish that the dog belongs to it and you prevail in proving the dog belongs to you, you will still have to prove that the fair market value of your...
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1 Answer | Asked in Animal / Dog Law for Texas on
Q: Can I sue animal control after they ignore my calls about a aggressive dog and that dog ended up killing my dog?

I've been calling barc animal control everyday for the past month about a dog in my neighborhood that's aggressive. It attacks small dogs. It attacked my dog and he had blood in his eye for a week and now 2 scars have shown. This dog chases small kids to get to there dogs. I can't... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2024

No. But if you know who the owner of the aggressive dog is, you potentially could sue the owner for the fair market value of your deceased pet.

1 Answer | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Texas on
Q: Can I legally break my lease without penalty? Texas

My rental home caught fire due to a faulty breaker on the first day I moved in, leaving me without air conditioning or heat for five days.January 18th–23rd. During this time, the temperature dropped below freezing, making it gruesomely chilly inside the house. I boarded my dogs ($267) for five... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

Under the facts you describe, you cannot legally break your lease without penalty. Your pet deposit is intended to cover any damage to the premises caused by your dogs during your occupancy of the premises. If there was a legitimate casualty loss which precluded you from occupying the premises... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Who is liable if a dog injures another at a dog park?

Two dogs visit the same park regularly. One is always trying to show dominance over the other by humping him, both are fixed. The dog being dominated snaps and show his dislike but never makes contact. Recently, after months of this behavior the dog being dominated snaps and accidently bites the... View More

John Michael Frick
John Michael Frick
answered on Apr 30, 2024

It depends on whether the owner of the dog that bit the other dog was negligent. That most likely will require a jury or judge to make a decision based on all the evidence presented at a trial. If I were the trier of fact and the evidence was exactly as you describe in your question, I personally... View More

2 Answers | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Texas on
Q: Reservedrv lot@u s army Corpengineerslake park. my puppy got free from leashaawewalked, rangersgave me ticket&kickedoff

All in one hour of arrival to lakelot reserved paid for a week stay. Is this legal? First encounter ever over a puppy dog. What can I do to counter this ticket dog off leash united states code 327.11(a) . Mott park baedwell lake Texas. What's the law here. Case laws.rangers voided entire trip... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

Unfortunately, there are many irresponsible pet owners who refuse to abide by leash laws which require owners to keep their dogs, cats, and other pets caged, penned, or on a leash not longer than six feet in public inclujding in recreation areas that are not specifically designated otherwise (like... View More

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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Texas on
Q: What are the chances that at a morion show cause hearing on deferred probation with no prior criminal history revocation

Deferred adjudication probation negligence for attack by dog . Got behind on restitution awaiting 2022 and 2023 tax return to pay off in full hearing to show cause set no previous criminal history and dirty fingerprint drug test that when asked po to send in for confirmation due to a non negative... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

Based on the information provided, it's difficult to give a precise probability of the outcome at the show cause hearing for deferred adjudication probation revocation. However, I can provide some general insights:

1. No prior criminal history: Having no previous criminal record may...
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