Colorado Animal / Dog Law Questions & Answers

Q: Hello, my ex-partner wants to keep my service dog.

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Mar 19, 2019
Kristina M. Bergsten's answer
If you bought the dog and the dog was trained for you and your disability and not your ex, I would say you have a very strong case that the dog belongs to you. I would recommend contacting and animal attorney who specializes in service animal matters to help you go over your options.

Q: Can I get my dog back if a person isn’t following a verbal agreement?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Mar 19, 2019
Kristina M. Bergsten's answer
A verbal agreement, or verbal contract, is enforceable in Colorado. If you gave the dog to this person verbally, then this dog belongs to that person. If you gave the dog away with conditions - and those conditions are not being met and the giving of the dog was contingent on those conditions, you have a good chance of getting the dog back. In other words, if this person will not voluntarily return the dog to you, then you will have to sue this person in court and win to get the dog back.

Q: Can you adopt a pet if the owner goes to jail?

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Mar 15, 2019
Kristina M. Bergsten's answer
Technically, under these facts, the answer is no. If the dog was taken to a shelter, then ownership would sever after 5 days under Colorado statute. However, for an individual person, the abandoned property kicks in after 5 years. So, technically, unless this guy sells the dog to you or agrees to gift the dog to you, he still retains ownership, in spite of his circumstances. However, with everything going on in his life, he might agree to give the dog to you or not ask at all.

Q: My boyfriend and I each have an esa dog and each have an additional dog. Is this allowed in Denver since half are esa?

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Mar 13, 2019
Kristina M. Bergsten's answer
ESAs do not have the same protections as service animals so it depends on what purpose you’re asking this question. For zoning/code reasons or for rental/housing reasons? Generally, ESAs are not considered as “pets” and so wouldn’t count as a dog for purposes of zoning/code regulations.

Q: Can you try and win custody over a dog that is obviously not treated right?

1 Answer | Asked in Animal / Dog Law and Small Claims for Colorado on
Answered on Feb 25, 2019
Kristina M. Bergsten's answer
You need to call animal control. This sounds like severe neglect. Even then, that does not necessarily mean the dog will be confiscated by animal control - although, if the dog's ribs are showing that is more likely to happen than not. If the dog is confiscated by animal control, after a certain period of time the dog will be up for adoption. You can adopt the dog at that time, but keep in mind that the dog will likely be adopted to whoever comes first.

Otherwise, you can continue to...

Q: Someones dog jumped into my yard and got my dog pregnant. Can I sue?

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Feb 22, 2019
Kristina M. Bergsten's answer
You can always sue someone. Whether you will win or not is another question. You could sue for the cost of birthing the puppies and possibly related vet bills and care. Since the weather has been below freezing out for a while, now, i hope your dog also has access to shelter and warmth while being outside on a chain all day.

Q: I live in a rural part of Colorado. After 40 years of rescuing Siberian Huskies one of my dogs escaped the yard and

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Feb 19, 2019
Kristina M. Bergsten's answer
Your question doesn't have so much to do with animal law as it does with business transactions, but probably the best way to determine a fair price for the chickens is to check your local newspaper or "craigslist" listings for the going price for a chicken. I know off hand they are not $500 piece - unless they are some kind of rare, special chicken, but I've never heard of even a rare, special chicken costing that much. Most chickens are between $5-20.

Q: Are pit bull/husky mix allowed in Costilla county Colorado ?

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Feb 16, 2019
Kristina M. Bergsten's answer
You should call the local animal control to make sure, but the pit bull ban usually depends on whether or not the dog has 51% or more characteristics that resemble a pit bull. So if your dog looks more husky than pit bull, you are more than likely okay

Q: My dog is wrongfully accused of attacking a man in the park. On police report.

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Feb 16, 2019
Kristina M. Bergsten's answer
They probably will not take your dog if they haven’t already. I would recommend getting an attorney before your court date though.

Q: Person found a missing dog, called to relinquish it... but now says his friends don't want to give her back.

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Feb 4, 2019
Kristina M. Bergsten's answer
I am a little unclear as to who is who in your narrative but if the owners know who have the dog and can contact them they could ask for the dog back and if the people refuse, they could sue in county court.

Q: Can the police illegally enter my home and take my husband's 2 service animals and sell them through the Humane Society?

2 Answers | Asked in Personal Injury, Animal / Dog Law, Civil Rights and Federal Crimes for Colorado on
Answered on Jan 29, 2019
Juliet Piccone's answer
This is not the type of question that can be answered without more information. I would highly recommend that you contact an attorney who handles these matters on a regular basis. In general, when a disabled person is incarcerated the police can impound service dogs unless the disabled person's condition absolutely cannot be ameliorated by other means, for example a person or medication that the jail would have to supply. Every jurisdiction is different as far as what notice needs to be...

Q: Took neighbor's hypothermic puppy but left a note. Can they charge me with theft? Dog was returned.

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Jan 24, 2019
Kristina M. Bergsten's answer
Technically, yes, you could be charged with theft. It would be up to the responding police officer whether to charge you or not. It would most likely be a misdemeanor unless they claim the dog is worth more than a few hundred dollars. I think your statement that you should call animal control next time is correct. Also, be careful about what you post online because IF you ARE charged, it could be used against you in court.

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: 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: If I have an ESA letter from a LCSW who is from out of state and not licensed in CO, is my ESA Letter still valid?

3 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Jan 8, 2019
Juliet Piccone's answer
That sound like it violates the requirements of Colorado's fake assistance animal law. Google it or perhaps seek a legal consult from someone like me that deals with this frequently.

Q: I am a visitor at an apartment complex and are demanding medical history to prove need for my service animal. Can they.?

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Colorado on
Answered on Jan 7, 2019
Donald C Eby's answer
Basically - Yes they can.

The issue is not only that your dog is actually a service animal but you must also prove that you have a disability which the dog in some way alleviates.

Housing rules are slightly different from ADA rules which deals with public issues.

Q: My stolen dogs. filed police report in Boulder. Det told woman to return dogs. She won’t. file civil suit? restitution?

1 Answer | Asked in Animal / Dog Law and Criminal Law for Colorado on
Answered on Jan 7, 2019
Juliet Piccone's answer
I'm not sure how the detective is going to cite or arrest her for theft if you and they do not know where she lives. You aren't going to get anywhere without knowing where she is located, because how will she be served with a criminal or a civil summons? In my opinion, you need a real consultation from an attorney who handles these cases all the time, like me, not just a random post on Justia. We could discuss what information is known, what is unknown, and how to fill in the gaps and...

Q: i gave a dog to some people 3 years ago and 3 weeks ago they gave her back. Can she take her back?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Dec 18, 2018
Kristina M. Bergsten's answer
It is unclear from your question what you are asking. Who is "she"? If you gave a dog to someone and they are returning the dog to you, it is up to you whether or not you take the dog back. If they gave the dog to a third person, they can do that because you relinquished ownership (based on your question) to the "some people."

Q: I have an emotional support animal (dog) and I just moved into an apartment. I forgot to mention this to the complex.

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Nov 29, 2018
Kristina M. Bergsten's answer
Potentially. You will likely need to provide documentation from a medical professional detailing your disability/emotional disability and that your dog alleviates these symptoms.

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