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Arizona Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law, Child Custody and Family Law for Arizona on
Q: Can my nieces CAA court order my dog to be taken away from me based on a lie of saying he is her emotional support dog?

My brother is going through a custody battle in which temporary orders were given for my nieces to live with their mom. A CAA was brought in and my niece told her that she misses her dog and that she uses her dog as an emotional support animal. The dog in questions was a Christmas gift for the... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2024

I am probably too late on this ...

Most likely, the family court does not have jurisdiction over your dog.

The family court only has jurisdiction over dogs in divorces and only when the dog was acquired during the marriage and is the property of one or both of the spouses. In that...
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1 Answer | Asked in Criminal Law and Animal / Dog Law for Arizona on
Q: Is it actually unlawful to take someone's dog home with you when you pick them up off the streets? I live in Arizona

Long story short I found a puppy wandering around a neighborhood no collar, I took it to get scanned but no chip. I basically hung out with this dog all day and eventually ended up talking to some neighbors. One of the neighbors told me they think the dog lives at the Corner House. So I ended up... View More

Christopher Millar
Christopher Millar
answered on Jan 19, 2024

Hello,

Arizona Theft requires "intent to deprive" a person of the property. Here, you did not commit theft because you were attempting to locate the owner to give them their property back. I believe you've done a good deed that would not be considered "theft." I...
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1 Answer | Asked in Animal / Dog Law, Child Custody and Family Law for Arizona on
Q: If my child’s father is abusive to his dog, will I be able to get sole custody of our baby
Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2023

It's unusual, but it's possible. Animal cruelty is one of the listed crimes under the domestic violence statute. It may depend on whether his actions meet the standards of animal cruelty (see ARS 13-2910) and whether those actions are significant enough to impact what should happen with... View More

1 Answer | Asked in Divorce, Animal / Dog Law and Family Law for Arizona on
Q: Wife, soon ex, won't release Service Dog to me.

Beginning divorce where I was effectively locked out of house while out. While getting necessities I was refused my Service Dog, when I asked Police assistance, wife claimed he was working for everyone in house. Even though 1 dog working for multiple people is not how it's done, police see it... View More

John Michael Frick
John Michael Frick
answered on Aug 11, 2023

In your divorce proceeding, have your lawyer request exclusive temporary use and possession of your service animal. Be prepared to show the specific specialized training your service animal received for your particular disability, and correspondingly that your spouse does not share that disability... View More

1 Answer | Asked in Animal / Dog Law for Arizona on
Q: My dog killed a cat.

I was walking my dog on a leash through the neighborhood and he caught a cat the cat ran right by him and he caught him he was on the leash the whole time. what is my negligence. the owner came out and rightfully he was upset, I apologized profusely but two weeks have passed and he seems a little... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 26, 2022

I do think $40 and a pair of jeans is worth it just to avoid the hassle of a lawsuit and avoid the risk of possibly paying more at a Court. I'd have him sign something that it satisfies what you owe him for the death of his cat.

I will say this, though, only one of you had your animal...
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1 Answer | Asked in Family Law, Animal / Dog Law and Civil Litigation for Arizona on
Q: Can a judge force a person to return a pet to it's owner if the owner can prove ownership?

my cat went missing and he was recovered by my neighbor. My neighbor did not know the cat was mine and posted an add for my cat. A lady who has a similar cat found the ad before I did and went and picked up my cat. She refuses to give him back and told me to take her to court. I know it's my... View More

Juliet Piccone
Juliet Piccone
answered on Feb 16, 2022

You can sue her in a replevin action and if the court agrees you’ve proved ownership the court absolutely can order her to return your cat and even issue a writ to law enforcement directing them to go seize the cat to return to you.

1 Answer | Asked in Animal / Dog Law, Criminal Law, Civil Litigation and Small Claims for Arizona on
Q: The person we had TEMPORARILY caring 4 our dog as we searched for a place to live, is trying to keep him. What can I do

Someone had been watching our dog as we looked for a place to live. Among other things, the pandemic prolonged the time it took to do so (4 months). Right before we were to contact the guy to get our dog, he randomly texted and said he killed the dog and threw him in the fire. Devistated, we... View More

Mike Branum
Mike Branum
answered on Jul 2, 2021

Unfortunately, it is not as easy as merely requesting a civil standby. I have not filed a case like this personally, but I believe you should be able to file a case in justice court instead of at the superior court level since all you are seeking is possession of the property (dog). The fees will... View More

2 Answers | Asked in Animal / Dog Law, Divorce and Family Law for Arizona on
Q: Divorce and dogs

I am 20 years old and live with my mother. My dad is going through a terrible divorce with my ex step mom. On December 4,2018 my step mom moved out of the house, leaving both of the dogs behind. I was in love with one of the little dogs and wanted to take it in as my own To live with me at my moms... View More

Mike Branum
Mike Branum
answered on Sep 5, 2020

You will be hard-pressed to get an attorney to say with certainty that you could never be ordered to surrender the animal, I will say, however, that it is unlikely. First, she abandoned the animal and animals are considered property. Second, your father can likely only be held responsible for the... View More

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1 Answer | Asked in Animal / Dog Law for Arizona on
Q: If someone that is temporarily staying on your property brought a dog without your permission can you have it removed
Kristina M. Bergsten
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Kristina M. Bergsten
answered on Jul 8, 2020

You can have the person removed, and, ergo, the dog.

1 Answer | Asked in Animal / Dog Law for Arizona on
Q: Never taken my dog to the vet. Has puppy shots frm previous owner. Will i get in trouble If I take him to the vet now?

I have no proof of the puppy shots, dog has never gotten sick, but now is having some trouble with ears.

Kristina M. Bergsten
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Kristina M. Bergsten
answered on Jul 6, 2020

Most likely, no. Although, you didn't say how old the dog is, now. Most states and municipalities require dogs to have a rabies vaccine every year (if you get the yearly vaccine), so that could land you in trouble IF the vet reports it, but that's unlikely. They will probably just be glad... View More

1 Answer | Asked in Animal / Dog Law for Arizona on
Q: My roommate has always neglected “forgets” to take care of her dog, can I rehome him?

I’ve filed reports with Maricopa county about it, and the humane society, nobody has ever gotten back to me and I feel bad for him.

Kristina M. Bergsten
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Kristina M. Bergsten
answered on Jul 3, 2020

No, you can't rehome a dog that you do not own. You could offer to buy the dog from your roommate so that it is YOUR dog - if you want to keep the dog. If you're concerned about actual neglect (like, the dog is starving or without water) you could call animal control and see if they will... View More

1 Answer | Asked in Animal / Dog Law for Arizona on
Q: What chance win court against my ex over doggy who he is abusing and didn’t invest penny in dog ?

My BF adoped dog on his name.But I paid all medical bills and supplies for dog for last 5 month and spend over 4000$.Now we broke up and he said he will give dog somebody else cause he don’t need it.But love this dog and I’m bagging him give it for me , but he just being nasty.Is I will go to... View More

Kristina M. Bergsten
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Kristina M. Bergsten
answered on Jul 3, 2020

Usually it’s all about who signed the purchase agreement. But if you Can provide proof that the boyfriend is just doing this to keep the dog from you and you can get your friends to testify to it, plus all your financial documents, you might have a chance. You could also try to offer him money to... View More

1 Answer | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Arizona on
Q: 6. No resident may pet sit for another’s pet. 7. No visiting/temporary pets are permitted How do I fight this?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 3, 2019

Unless there is some controlling Arizona law overriding this landlord policy you are wasting your time trying to "fight this."

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Arizona on
Q: Vet wanted payment/proof/collateral before starting emergency treatment on my 2, possibly poisoned dogs. Is this legal?

Was late Friday afternoon when this was occurring. Examples given and if we had them, were: take guns to pawn shop . Title loan on car jewelry tools artwork. Something showing value. My husband was to get his paycheck around 7 pm they were to close at 530.. We had no cash avail. They made dogs... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 20, 2018

Tacky but not illegal. There is no obligation on a vet to render aid.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Arizona on
Q: My Service dog's foster mother took my dog out of my house and put her in her car without my permission.

She denies the whole thing but I have 4 whiteness. She was helping us clean and thought it was unsafe for the dogs to live in. The police where there the night before on a medical emergency and did not say anything or take any actions about the condition of our hours. The foster mom was also... View More

Zachary Divelbiss
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answered on Jun 13, 2018

This is a very unfortunate situation. I recommend contacting the police to file a police report if you want to pursue criminal charges against the ex. If you are looking to sue the ex directly for stolen property then you will need to contact a civil litigation attorney who can help you out.... View More

1 Answer | Asked in Animal / Dog Law and Criminal Law for Arizona on
Q: My friend gave me her dog several months ago. She was watching it for me while on vacation, and her ex stole the dog.

He stole the dog from her backyard, but gave the dog back before I was able to press charges. Am I still able to press charges, even though he returned the animal?

Zachary Divelbiss
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answered on Jun 13, 2018

This is a very unfortunate situation and even more unfortunate, it happens frequently. I recommend contacting the police to file a police report if you want to pursue criminal charges against the ex. If you are looking to sue the ex directly then you will need to contact a civil litigation attorney... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for Arizona on
Q: My Son got bit in the face by a dog in CA. We live in AZ. Where should I look for an Attorfor? in AZ or CA?
Peter N. Munsing
Peter N. Munsing
answered on May 22, 2018

California. Contact a member of CAOC in the county where it happened. They give free consults.

1 Answer | Asked in Animal / Dog Law for Arizona on
Q: my dog was taken 3 years ago we found him but people wont give him back what can i do legally

a lady picked my dog up when he got out said she had a client take him to the pound. we have been searching for 3yrs. found him with the same lady that said she gave him to client and she wont give him back what can i do legally

Frankie  Adamo
Frankie Adamo
answered on Apr 24, 2018

Before we begin, how do you know that the "lady" did not bring the dog to the pound and, after a period of time has past, simply adopted the dog? Sadly, animals that are in the pound too long without being adopted are subject to euthanized. Often, the person bringing the dog to the pound... View More

1 Answer | Asked in Personal Injury and Animal / Dog Law for Arizona on
Q: My housekeeper picked up my small dog, dropped her and broke her leg. I'm now up to &10k in med expenses. Can I sue her?

The housekeeper had decided to pick up my 5 lb puppy because she's cute. She then subsequently dropped my puppy on the floor. She suffered a massive broken bone that has now required 2 surgeries approximating in$10k of bills.

Peter N. Munsing
Peter N. Munsing
answered on Feb 7, 2017

Well, you know how much your housekeeper makes. If you get a judgment can she pay it? If not then you just spent time, likely money, to get a piece of paper.

You would also have to show she's careless. If she can say she picked him up as she has done before, no problem, but the little...
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