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.
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...
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.
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...
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.
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...
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.
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.
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.
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.
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...
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.
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...
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,...
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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