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Ohio Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Can a shelter legally take ownership of a dog that has been brought to them?

My dog got out of my yard while I was at the store , he was taken to a shelter and when I called and scheduled to pick him up I was not made aware of a time limit that would give them ownership.. they then call me the day after he supposedly became their property to tell me he would be nuetered , I... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 29, 2020

In Colorado it’s 5 days, so it’s probably something similar in Ohio. I guess they should have told you, but they’re not really required to and most laws operate under the assumption that the owner will come immediately. Maybe they’ll let you re-adopt him

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: I have two dogs that my friends are refusing to give back to me they agreed to keep them till I found a place to live
Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 23, 2020

You’ll have to sue in replevin if the police won’t help you get your dog back.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Ohio on
Q: Hi, I need help regarding on getting my dog back from ex. I bought the dog; what do I do?

I was in a relationship with my ex partner for 5 years; I bought my dog three years in. I have a receipt from the person I bought the dog from as well as I am currently fighting the bank for the statement showing I withdrew $300 the day my dog was bought. My ex currently has the dog and will not... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 13, 2020

Sue in small claims court. But you might only recover the cost of the dog. Check your local court web site for the small claims process. Or use the Find a Lawyer tab to retain a local attorney to file in court to try to recover the dog.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: My ex is trying to keep my cat. He lived with me when I adopted her, but I am on the adoption papers. What can I do?

My ex and I were on good terms after the breakup and I needed to have a home for my cat while I found an apartment. He offered to keep her at his moms house until I moved into my new place. 3 months go by and I am now moving into my place but he is refusing to give her back. My name is on the... Read more »

Taylor P Waters
Taylor P Waters answered on Sep 3, 2020

You can file a small claims action in your local county's municipal court and ask for the return of the cat. If you have the original adoption papers and veterinary records, you may have a good case. If you have texts/emails with him indicating the original intention to get the cat back, you... Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: My step daughters, Friends mother had contacted us to take her dog because they were moving into a new apartment.

She gave us all of the dogs items including shot records and past vet receipts, bowls, toys and even a jersey they had bought her. She wrote us the other day ( 5 months after giving her to us) stating she wants the dog back and there must of Been a misunderstanding because she wanted us to foster... Read more »

Taylor P Waters
Taylor P Waters answered on Aug 25, 2020

Her likelihood of winning is strongly based on whether she has any communications that state it was a foster situation. See if you can pull up any communications regarding the initial transaction (exchange).

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: I purchased a puppy from a breeder. We had the dog DNA tested and she is a mutt and not a breed at all. Can we get $$?

Our contract indicates she is a "Goldendoodle" but her DNA indicates she is a mix of 5 different breeds (only 36% poodle and 16% Golden). We would like to get our money back. The breeder's response was that she doesn't put much stock in DNA tests.

Taylor P Waters
Taylor P Waters answered on Aug 25, 2020

It's worth a try, what they did may have violated the Ohio Consumer Sales Protection Act, which prohibits unfair and deceptive business practices. Under the CSPA, you can get triple your damages and attorney fees.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Is some gave us their dog, including shot records, toys, bowls etc etc Then wants the dog back 6 months later...

She claims we misunderstood and she was having us “ foster” the dog till she was able to have her again. No talk of this being temporary or “ foster” was ever said. She never compensated or even contacted us during these 6 months . Its not about the money and we just want to keep our dog!... Read more »

Taylor P Waters
Taylor P Waters answered on Aug 25, 2020

If you have the original texts/emails which show she planned to give the dog to you, you should be fine. Even if you don't, she'd have to take you to small claims court and your position seems defendable.

1 Answer | Asked in Animal / Dog Law and Small Claims for Ohio on
Q: What is the process for ownership of a pet bought for my daughter from a 3rd party that my ex will not let her have?

My ex- husband and I have separately and together at differing times taken care of a pet dog that was originally bought for my daughter by a friend of mine. I no longer have the receipt (although my friend might have copy of check) and pedigree forms that came with the dog when purchased. I have... Read more »

Taylor P Waters
Taylor P Waters answered on Aug 24, 2020

Yes, you can take him to small claims court. You want to allege Conversion of Property. Bring your records, try to find a copy of the check, and see if you can find any communications from him which support that the dog was purchased for or a gift for your daughter. You may want to bring it in both... Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: The dog is AKC registered and microchipped in my husband’s name But state licensed and all recent vet records are in my

Name we are divorcing, I don’t want the dog but he will not take care of the dog nor sign the AKC paperwork to me do I have the right to transfer him to someone that will care for him

Taylor P Waters
Taylor P Waters answered on Aug 24, 2020

No, you should discuss the dog with your divorce attorney. He/she is marital property and should be divided/move based on the division of assets.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Two big dogs attacked my feral cats on my windowsill last night. What non-lethal methods am I allowed to use on the dogs

I did call animal control and will try to find the owners before I do anything of course. I have also had two litters of feral kittens disappear within the past two weeks and I think these are the dogs responsible.

Taylor P Waters
Taylor P Waters answered on Aug 13, 2020

You might be able to recover the cost of the vet care for your cats. If the dogs trespass on your property, you may call the police, potentially sue the owner for trespassing, and utilize all normal measures against a trespassing person/animal. Be careful, things can sometimes escalate between... Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Can I keep my puppy if I haven’t finished paying on them?

I’m pretty sure it was a puppy mill, we had to take her to an emergency vet and ya been there for the last 3 days! She was close to dying. This lady had 6 different types of puppies in one cage she was selling. Is there a way for us to keep her due to her saying she was healthy and well( which... Read more »

Taylor P Waters
Taylor P Waters answered on Aug 13, 2020

It depends on the circumstances. From what you've said here, it does sound like you may be able to get out of paying the rest of the purchase bill and potentially recover the vet bills.

2 Answers | Asked in Animal / Dog Law and Civil Litigation for Ohio on
Q: If a dog is advertised for giveaway and you get the dog can they take you to court for it back?

Drove 180 after talking with her about getting the dog she advertised for free then couple days later she demanding it back and gave me everything of the dog papers, toys, pool, leashes food. Trying to take me to court because she now wants it back. How is this legal to try taking dog back after... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 31, 2020

Anybody can sue anyone for anything, including return of an animal, which is considered personal property. But to win in court, she would have to prove some breach of contract by you. If she files a lawsuit, you can go to the court hearing and explain your case. Or use the Find a Lawyer tab to... Read more »

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2 Answers | Asked in Animal / Dog Law and Personal Injury for Ohio on
Q: My dog was attacked by a dog whose owners are a rescue in indiana, the dog was in ohio n they refused to take it back.

Who is liable for the vet Bill's of my dog and my child who was bit, the rescue has refused to come get the dog several times after aggressive behavior from the person she stuck with the dog, the dog passed away in the attack. The dog was still owned by the indiana rescue, they abandoned the... Read more »

Matthew Williams
Matthew Williams answered on Jul 24, 2020

It sounds like the dog has a new owner, not the rescue. That person would be liable unless the dog was still in the rescue's custody when the attack occurred.

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1 Answer | Asked in Animal / Dog Law for Ohio on
Q: I sold my dog then the lady said come get her it's not a good fit now the lady wants money

She said i could have her back free now She wants money the lady said she didn't want her I had a mental break down made a terrible mistake I want my dog back is this even legal she clearly said well since I wanted her back I would have to pay her a bribe $200

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 21, 2020

I don’t understand the question. If you made a mistake, and you want the dog back, then just pay her $200. If she isn’t going to love or care for the dog, or worse, give the dog to a shelter or someone who will abuse it, it would be better for you to take it back.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: My dog got out of the house and yard today.

my dog got out of my house and ran to the neighbors house who has 3 dogs she likes to play along the fence with. My dog is non aggressive. But does bark at strangers. When she got out I ran straight after her trying to get her. There was a woman walking with her kids and while I was trying to get... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 2, 2020

The sheriff probably wants to serve you a summons. I don’t know for what, exactly. The only way to find out is to call the sheriff. You can hire an attorney to call the sheriff for you if you don’t want to talk to him/her. Or if you do call, DO NOT make any statements to the sheriff. Just... Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: We got a dog from the shelter 3days ago got loose.I posted on Facebook we got him back.

Someone called saying it’s his dog. The son of the guy called said not to give it back to the father to keep him or give it to the son because he would take him. Not sure what to do. I still haven’t said we found him because of all of this. But they didn’t get him from the shelter from one... Read more »

Taylor P Waters
Taylor P Waters answered on Jun 30, 2020

Keep your dog. You adopted it from a shelter, it's your dog now. If they continue to harass you, you can call the police on them.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: 2 years ago we were given a dog that was taken in as a stray prior. Could she be taken away by previous owner if chipped

2 years ago, my family was given a dog by a man who had taken her in. When he took her in, she was a stray, and he tried to find her family but never heard back from them. He couldn't care for her anymore, so we took her in and she's since very much become our dog. She was very obviously... Read more »

Taylor P Waters
Taylor P Waters answered on Jun 30, 2020

You should be fine. Vets won't scan microchips unless you ask and they're not usually concerned with ferreting out that kind of thing.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Are dogs owned by a breeding facility considered a companion animal by law?

If yes, would all legislation protecting companion animals be applicable to breeders? Are high volume breeders/puppy mills to be held accountable for animals cruelty?

Taylor P Waters
Taylor P Waters answered on Jun 30, 2020

That's a complicated question that involves several different areas of law. If you have a specific concern, go ahead and give me a call. The short answer, is yes, usually.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: If I gave dog away because of a mental breakdown and I got help now I want it back can I legally take back
Taylor P Waters
Taylor P Waters answered on Jun 30, 2020

That depends on how you surrendered your dog, to whom you surrendered your dog, and whether he/she belongs to someone else now.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: My neighbor has 2 large dogs and they growl and bark when I am outside on my back patio. Their fence is not tall enough

The fence is not sturdy either. I am afraid to be in my back yard or patio. Can they be told they need a taller and better fence?

Taylor P Waters
Taylor P Waters answered on Jun 30, 2020

Nope. If they're on their property, they're well within the law. You can always chat with your neighbor and explain your concerns, or build your own fence.

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