Animal / Dog Law Questions & Answers

Q: I gave my 2 micro chipped husky's away to someone for free, now they are selling them for $500. is the illegal?

1 Answer | Asked in Animal / Dog Law for Florida on
Answered on Jan 23, 2019
Terrence H Thorgaard's answer
Dogs are property. When you give property away, the recipient is free to sell that property. So yes.

Q: Can I press charges against the owner of some loose dogs that came on to my property and killed my rabbit in the hutch?

1 Answer | Asked in Animal / Dog Law for Indiana on
Answered on Jan 22, 2019
Alexander Florian Steciuch's answer
Yes, you can. Owners are responsible for the actions of their animals. You should consult with an attorney in your area who handles animal law or tort claims.

Q: I gave someone my dog to keep while his wife had cancer. He promised to give my dog back after she died. Now he won’t

1 Answer | Asked in Animal / Dog Law, Criminal Law, Family Law and Federal Crimes for Pennsylvania on
Answered on Jan 22, 2019
Kathryn Hilbush's answer
I doubt you can sue her for theft since your uncle handed the dog over to her. Maybe if you offer to reimburse her for the vet bills she'll return the dog. Since she seems to care enough for the dog to spend a decent amount of money on her, perhaps the nicest thing you can do for your dog is allow her to stay where she is and get yourself another one to love.

Q: Our association has a twenty-five pound limit on dogs. Can a young healthy girl bring in an 80 pound service dog? WPB

1 Answer | Asked in Animal / Dog Law, Land Use & Zoning and Personal Injury for Florida on
Answered on Jan 19, 2019
Charles M. Baron's answer
If it's truly a certified service dog that serves the girl, yes, she has the right to have such a dog at ANY weight. HOWEVER, service dogs are NEVER vicious! They are trained to be very tolerant of people and dogs. Therefore, sounds like there is fraud going on, and there should be a legally proper inquiry to verify the dog's status. There is plenty of material on-line on what constitutes a legally proper inquiry, but if you have trouble finding that out, set an appointment with an attorney...

Q: is it legal to leave your dog in the backyard alone for months while you're away if someone comes by and feeds him?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Jan 17, 2019
William John Light's answer
You cannot take somebody else's animal because you don't approve of the manner in which they care for it. If you suspect Animal Cruelty, notify your local Animal Control office.

Q: Can my mother press charges for me taking my dog?

1 Answer | Asked in Animal / Dog Law for Virginia on
Answered on Jan 16, 2019
Jessica Wildeus' answer
Probably not.

Generally speaking, Virginia law treats animals as property, making theft of animals in Virginia a crime. Va. Code 18.2-97 defines this as larceny and a felony.

In order for anyone to be prosecuted for this, a complaining witness must first establish that the animal in question was, in fact, theirs to begin with. In this situation, it sounds like you may have been living with your parents for some time with your dog in the same home. On one hand, your parents...

Q: Is there anything I can do to get my money back from the people who sold me a puppy that died within two days?

1 Answer | Asked in Animal / Dog Law for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
Small claims court may be an option, but it depends on the situation.

Q: My sister left her dog with me 5 months ago. Now says we must share him.

1 Answer | Asked in Animal / Dog Law for Louisiana on
Answered on Jan 14, 2019
Ellen Cronin Badeaux's answer
Looks like a donation to me. Get the dog licensed in your name.

Q: If a dog comes onto my property, attacks my dog and then flees,can I shoot the dog the next time I see it on my property

1 Answer | Asked in Animal / Dog Law for Indiana on
Answered on Jan 14, 2019
Alexander Florian Steciuch's answer
There is no straightforward answer to this question. Shooting a dog is generally considered animal cruelty. If you are being attacked by the dog or the dog is attacking another person, you may be justified in shooting the dog. It is a defense to a criminal charge of animal cruelty to shoot the dog if the dog is attacking or destroying your property. If the dog is merely trespassing, you are most likely not justified in shooting it and could face felony animal cruelty charges.

Here is...

Q: Ownership dispute with previous roommate

1 Answer | Asked in Animal / Dog Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
If you adopted the dog in your sole name and paid for all upfront fees, then arguably the dog is your personal property which your roommate arguably stole, barring a contract to the contrary. Under this argument, money she paid towards dog bills would qualify as a gift - again barring a contract to the contrary. But your attempt to form an agreement to split time with the dog might qualify as a contract in and of itself, which she either never agreed to or has breached. More details are...

Q: A friend gave us a dog and now wants her back after 9 months. We have paid all expenses. He changed his mind.

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Jan 12, 2019
Kristina M. Bergsten's answer
If he gave you the dog, then it’s yours. He would have to sue you and win to get the dog back. However, because there are clearly some details that you did not post here, it would be best if you met either an attorney to go over all the facts to get your best resolution.

Q: Do I have a legal case?

1 Answer | Asked in Contracts and Animal / Dog Law for Florida on
Answered on Jan 12, 2019
Josh Corriveau's answer
It really depends. Additional information is needed. For instance, is everything in writing? Sometimes issues like this can be resolved by an attorney sending a demand letter and without litigation.

Q: Is it illegal to keep a dog outside all the time in Kentucky? No matter the weather?

1 Answer | Asked in Animal / Dog Law for Kentucky on
Answered on Jan 12, 2019
Timothy Denison's answer
Depends on the dogs circumstances outside such as food, water, cover or housing.

Q: I bought a dog,was financially responsible, and primary caregiver. After I left, abusive ex got TRO with custody of dog

1 Answer | Asked in Animal / Dog Law for California on
Answered on Jan 11, 2019
William John Light's answer
You lost your DV TRO. That was your opportunity to prove ownership of the dog and to protect it. You have an obligation to comply with the court's orders, including handing the dog over.

The "T" in "TRO" stands for "Temporary". It is not final. Get an attorney.

Q: I really need to know if i can sue my dog because he is giving me a mean face and i am scared

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Jan 10, 2019
Kristina M. Bergsten's answer
You should probably speak with local, Georgia attorneys on this issue. Your pug sounds like he means business, so it's best to discuss it with an attorney from your jurisdiction.

Q: Additional information after lawyer responded

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Jan 9, 2019
Juliet Piccone's answer
If a criminal case is filed, you could be entitled to restitution for the value of the dogs, but it's up to a judge and only if there is a conviction. Since you want to find your dogs, you should sue her civilly under a replevin theory. These are complicated cases, so while the courts do have forms you can fill out to file on your own, it really makes sense to hire an attorney that handles custody cases. There are other potential claims you can add that could even entitle you to attorney...

Q: Adopted a dog from someone moving out of country. Have had it for about half of it’s life.

1 Answer | Asked in Animal / Dog Law for California on
Answered on Jan 9, 2019
William John Light's answer
If the ex gave the dog away, then the person to whom he gave it was the owner, until you adopted it from him. You would then be a lawful owner. The ex can still call the police. He can still sue you in Small Claims. He would have to establish that he did not give the dog away.

Q: If i was gifted a dog but the former owner wants it back and is threatening on calling the cops and I'm refusing??

2 Answers | Asked in Animal / Dog Law for California on
Answered on Jan 9, 2019
Ali Shahrestani, Esq.'s answer
Were you actually gifted the dog, or did you simply agree to dog-sit for a specified period of time? What kind of evidence do you have? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...

Q: Ex wants almost $13000 or says he will take the dogs and possibly sell them. Registered to me paid for and AKC to him

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Answered on Jan 9, 2019
Ali Shahrestani, Esq.'s answer
Were you married? If not, then his payment for trips and home improvements on your home may be considered gifts, unless there were explicit loan agreements between you regarding these expenditures. As for the ownership of the dogs, were they gifts to you? Why are they registered in your name? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,...

Q: My dog ran away and someone claims to have hit her. Is it my responsibility to pay

1 Answer | Asked in Animal / Dog Law and Car Accidents for Ohio on
Answered on Jan 9, 2019
Peter Munsing's answer
You should report her claim to your homeowners insurance. Did she pay the vet bill? Generally,you are responsible in most states for your animal's actions. If you let them loose, then you may be responsible.

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