Animal / Dog Law Questions & Answers

Q: If you leave your pet in someone's care and they refuse to return them what legal action can you take?

1 Answer | Asked in Criminal Law and Animal / Dog Law for New York on
Answered on Jun 27, 2017

What was your agreement with this person re: pet care? Did you abandon the pet? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: Can they impound my dog if it wounded another dog. Yet the owner of the wounded dog does not wish to press charges ?

1 Answer | Asked in Animal / Dog Law for Rhode Island on
Answered on Jun 27, 2017

Yes, the city may take action under their ordinance. Seek professional assistance in defending this as it is a specialized practice to defend animals under the statutes and ordinances.
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Q: I own a mobile home. I rent the property the home is on. Am I legally able to have a dog?

1 Answer | Asked in Animal / Dog Law and Intellectual Property for Ohio on
Answered on Jun 27, 2017

It depends on the rental contract that you have with the land owner. If the contract prohibits you from having dogs or other pets on the property, then likely you cannot have a dog on it. If there is no contract, then an attorney may be required to review the local ordinance on this issue.
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Q: I found a dog over 5 yrs ago...i took him to Vet and he was chipped and we tried to contact the owner but number was

1 Answer | Asked in Animal / Dog Law for California on
Answered on Jun 26, 2017

Call the police and report a theft. Dogs are considered property.
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Q: My neighbors dog keeps jumping the fence into our backyard. What can we do to stop this? The owner is aware too.

1 Answer | Asked in Animal / Dog Law and Real Estate Law for California on
Answered on Jun 25, 2017

Advise the neighbor that you will call Animal Control when the dog is in your backyard. Ask them to put a fence extender up.
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Q: A friend gave her dog to a fellow who is not taking good care of him. Can she get the dog back and how?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Jun 25, 2017

She can ask, but the dog belongs to the new owner. It's his property and will remain his until he sells or gives it away, or it is seized from him due to animal cruelty.
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Q: my dogs run away 2 got in a dog fight the police took my dogs the pit bull was pregnant what could I do to get her back?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Jun 25, 2017

You can talk to the police officers and see if they will work with you to have your dogs released back to with conditions until your citation or summons comes to its court date.

If you received any citation or summons for lose dogs or aggressive dogs you need to appear in court and be prepared to defend your dogs and prove that they were not aggressive.
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Q: Hi im in possession of a dog an the orginal owner has dementia in assisted living facility. Can she take the dog back?

1 Answer | Asked in Animal / Dog Law for Florida on
Answered on Jun 24, 2017

How did you come to be in possession? If it's her dog, and she didn't give it to you, yes, she may take it back.
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Q: My dog is still a puppy. She dug underneath my fence and the cops found her. They said I'll get a felony? For what?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Jun 23, 2017

Police can SAY whatever they want, more or less, and they tend to do so. If the police actually charged you with animal abuse, you should have either been cited at the time, or you will get a summons in the mail. Pay attention to your mail and if you receive a summons, speak to an attorney about your situation to find out what your defense options are. In the meantime, make sure your dog is secure in your backyard with plenty of shade and lots of water; if you can give her access to your house...
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Q: My dog weighs 110lbs my ex @ I got him together we live at my parents house but now we're getting a divorce I don't work

1 Answer | Asked in Divorce and Animal / Dog Law for California on
Answered on Jun 23, 2017

Legal action against whom? To accomplish what? Why not contact a pet adoption agency, instead of considering taking him to the pound.
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Q: how do you ensure probation/charges do not show up on your record?

1 Answer | Asked in Criminal Law and Animal / Dog Law for Georgia on
Answered on Jun 23, 2017

Arrest and conviction records for criminal cases are controlled by federal and state law. If your mugshot and fingerprints were obtained, you HAVE a "record."

Whether that offense is ever removed from your record depends on the naure of the plea proceedings, and what is agreed and made part of the criminal record. Georgia law limits what cases can obtain "record restriction."

Your best bet is to NOT try to represent yourself. Get a local criminal defense lawyer to try to help...
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Q: Can someone legally give away someone else's pet snake?

1 Answer | Asked in Animal / Dog Law for Utah on
Answered on Jun 22, 2017

Pets are property so this question could just as easily be, "my cousin was keeping her bicycle at her friends, and her friend has given it away".

The answer to the question is "no". Someone who does not have ownership can't give it away. If they do, then what they are in effect doing is "stealing" the property and then giving it away. We call that misappropriation. Your cousin could sue her friend for the value of the snake, in addition, she could sue the receiver of the snake for...
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Q: My husky got out of the dog park and killed a neighbors puppy. we did get a dangerous dog summons but now

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Jun 22, 2017

If you want to pay for it, you can, but I would ask that the puppy owners sign a release of liability stating that paying the cremation expenses settles any and all claims against you for the puppy's death. Dogs do not have much value beyond what the owner paid for the dog, so it is possible they could sue you for the value of the puppy even after you pay for cremation services --- IF you do not get a release of liability. Paying the cremation services has no bearing on the criminal case...
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Q: We sold a puppy to someone over a week ago and I asked when she came to pick him up if I can text her and see how he

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Jun 22, 2017

I would suggest calling your local animal control and advising them of the situation and ask if they can send someone out to check on the puppy. They will be able to determine if the dog is in danger or not. If you are looking to have the dog returned to you, then you need to sue this person in court to get the dog back.
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Q: Can I sue animal services for holding my male dog and not letting me visit?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Jun 22, 2017

You can always sue; the question is whether or not you will be successful. By the time you start a lawsuit, the director will most likely be back in town. I would recommend you have an attorney write a letter to the shelter to have them release the dog to you.
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Q: How long do we have to keep a dog after we find it that it is ours? In Colorado

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Jun 22, 2017

In Colorado, property (dogs are considered property under the law, unfortunately) is considered abandoned after 5 years have passed. While your mother-in-law has possession of this dog, she is considered the "holder" under Colorado law. During that time, she has an obligation under the law to make reasonable efforts to find the owner of the property, in this case, the dog. It sounds like she made reasonable efforts, not knowing that the apparent owners lived in Texas. Now that she knows of the...
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Q: I adopted a puppy out of the shelter and he has been extremely sick since, can I hold them accountable?

1 Answer | Asked in Adoption and Animal / Dog Law for Colorado on
Answered on Jun 22, 2017

Yes, you can sue the shelter for fraudulent misrepresentation of the health of the animal. Sometimes, however, some shelters have waivers of liability in their adoption contracts - so you need to check your adoption contract. If, however, the illness was so obvious that they should have known about it before adopting the dog out, like your vet said, then you might have a cause of action. I would recommend having an animal law attorney review your case.
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Q: Do you legally need to pay a friend to watch your dog?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Jun 22, 2017

No, if you and your friend can agree that you do not have to pay for the dog. I would recommend continuing to pay for vet care, food, toys, and anything else related to the care of the dog. I would also get an agreement in writing outlining the duration that your friend will care for your dog and when the friend must return the dog to you. State in the agreement that you are responsible for financially supporting your dog while in your friend's care.
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Q: Can I put my dog in my duffle bag or is it illegal per Ca. Penal code?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Jun 22, 2017

Depends on the size of the dog, size of the duffle bag, whether there is an air supply, for how long, etc. Under certain circumstances, it could be animal cruelty.
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Q: Im living with my parents and they want to rehome my dogs without my consent, is that legal?I had them prior to movingin

1 Answer | Asked in Animal / Dog Law for California on
Answered on Jun 21, 2017

They can't take your property (dogs) without consent. That would be theft. However, they are free to forbid dogs on their property.
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