what kind of attorney do i need for a dog dispute

A property lawyer could also be first rate for a barking dog case. However, whether you go with a personal injury specialist or a property attorney, you need to make sure that that person also has extensive experience doing injunctive work. Click here for more advice on selecting an attorney.

Full Answer

What kind of lawyer do I need for a dog bite case?

Compare animal & dog attorneys on Justia. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media.

What is the best lawyer for a barking dog case?

What kind of lawyer do I need if my dog bit someone? Answer Most personal injury lawyers should be able to handle a dog bite injury case, and you typically don't need to worry about finding an attorney who specializes in "dog bite defense" cases as opposed to one who handles work on the plaintiff's side.

How do I find a lawyer for animal abuse cases?

A lawyer who specializes in personal injuries or injury to property (called “torts” in the law) should be able to handle the case. However, due to the limited potential for recovery of damages in animal cases, it is possible to pay more for an attorney’s services than you are likely to recover if you win your case, barring an award for punitive or emotional distress damages.

Do I need an attorney for Animal Law?

May 18, 2021 · An experienced child custody lawyer can help guide you through the ever changing field of pet custody law, and represent you in court, if necessary. You are most likely to get the best possible outcome if you have an experienced lawyer representing your interests. Susan is a member of the State Bar of California.

What are my rights as a dog owner?

Control your dog keep your dog under control at all times. know and observe dog access rules on footpaths, playgrounds and shared driveways. know and observe rules on where dogs are allowed off leash. know and observe rules on where dogs are allowed on leash.

Can my ex take me to court over a dog?

Yes, she can take you to court. The question will be "who owns or who gets the dog." I would get all your ducks in a row - proof of payment of purchase price, proof of payment of veterinary bills, microchip registration (if in your name)...Jan 11, 2013

What do you do if someone won't give your pet back?

What do you do if someone won't give your pet back? If the dog is yours and you can prove it, then if it is not returned you can contact the local police and file a theft report. Police may or may not get involved, sometimes they decide that ownership is not clear and the dispute is a civil matter.

Can someone take back a dog they give you?

People who give away or sell their animal generally have no further legal rights to that animal. The person who adopted the animal or purchased the animal does not typically have to return the animal unless there was an agreement that stated otherwise.Jun 17, 2020

Can I press charges on someone who hurt my dog?

If someone has injured or killed your dog, whether it was on purpose or an act of negligence, you can file a civil lawsuit against that person. There has to be enough proof, though, to point to malicious intent or some degree of negligence in order to recover any damages.

What happens if your dog bites someone defending you?

After a bite incident, you and your dog may face charges in criminal court or "dog court." If the bite was justified because of trespass or provocation, or if there is a risk that the punishment might not fit the "crime," you will need to retain an attorney or learn how to defend yourself.

Can you sue for a dog scratch?

In most states, you can sue the owner of the dog if you suffered harm from their animal. ... If you can prove that the dog owner is liable for your injuries, your attorney will usually be able to reach an out-of-court settlement, meaning you won't have to actually go to trial.

Who takes the dog in a breakup?

In the event of a simple breakup, the person who bought the dog usually gets to keep possession. The exception is when the dog was bought as a clear gift to the other partner. In that case, the dog may belong to the recipient.

What do you do if someone takes your dog?

What To Do if Your Pet Was StolenCall the police right away and ask to file a report. ... Give the HomeAgain lost pet recovery service the details of the alleged theft. ... Call all of the shelters, veterinary offices, and grooming salons in your town and neighboring towns.More items...

What is the most commonly stolen dog?

10 dog breeds most likely to get stolenFrench Bulldog - 149 thefts.Jack Russell Terrier - 107 thefts.Pug - 97 thefts.Bulldog - 94 thefts.German Shepherd - 93 thefts.Yorkshire Terrier - 77 thefts.Cocker Spaniel - 66 thefts.American Bulldog - 63 thefts.More items...•Jun 16, 2021

Can you go to jail for stealing a dog?

People who steal dogs could face up to five years in jail if convicted of a new criminal offence being planned by the government. ... The dog abduction offence will recognise animals as sentient beings and sentencing will take into account the emotional distress caused to the dog as well as the owner.Nov 18, 2021

Can I steal my dog back from my ex?

We often receive the question, can I sue my ex for stealing my dog? The answer is yes! Disputes over pets are very common in small claims court.Oct 10, 2021

What do you do when someone wants their dog back?

If the owner does not come forward during that time to reclaim the pet, the shelter can either place it for adoption, sell it to a research facility, or put it to sleep. The only way to get the animal back from someone who adopted the pet from a shelter is to prove that the shelter did not comply with the law.

Should I feel guilty for getting rid of my dog?

No, it is not normal, and the best thing you can do for yourself and the dog is to find it a new home or take it to a no-kill shelter. Your dog knows how you feel. Not finding it a new home out of guilt is selfish and cruel. There is somebody out there who would love your dog and take care of him.

Should I visit my dog after rehoming?

It just depends on your specific circumstance and how neurotic the new owners , you, & the dog are. I think visiting the dog would be a great idea. I think it would comfort the dog that it can still see those who it loves. My parents rehomed our dog when we moved out of state.

Can I hit a dog if it attacks me?

The law states that if a dog is threatening you or your livestock, you have the right to shoot it. The dog must be actively trying to harm you or animals you keep on your farm or ranch. You are not allowed, however, to retaliate against an animal after the attack is over.

What do I do if my dog is attacked by my unleashed dog?

Do not kick or punch the dog if at all possible (that might escalate in their arousal). Once the attack is over, immediately get yourself, your dog or your child away. Don't turn around, try to get further control of the situation, or try to find the owner. Just go.Aug 21, 2019

What happens if someone kicks your dog?

Is it illegal to punch a dog? An attorney writing for justanswer.com notes that in most states a pet is considered personal property, and a hit and run that results in property damage carries a criminal penalty. You could be charged with animal cruelty or failure to notify owners of property damage.

How much can I sue for a dog bite?

If the injury sustained from the dog bite is severe and affects the general quality of life of the victim, then they may be able to earn significantly more. Likewise, minor cases may settle for $10,000 in a small claims court.Aug 3, 2021

Is it legal for my dog to defend me?

California is one of the states with “strict liability” laws that make pet owners responsible for most dog-bite and related injuries. ... That means an owner cannot argue in defense that the owner did not know the dog was dangerous, or that the owner took care to prevent the animals from hurting someone.

Can my dog be put down for defending me?

The Castle Doctrine generally states that you have the right to use force, including possibly deadly force, to defend yourself against an intruder in your house. ... These laws exempt you (and your dog) from having to retreat from a threat in public before you can use force in self-defense.Jul 23, 2020

How do you negotiate a dog bite settlement?

Tips On This Page:Seek Immediate Medical Attention.Report the Dog Bite to Local Authorities.Find Out About the Dog Owner.Check Your Local Dog Bite Laws.Collect Evidence to Support Your Claim.Know What Your Claim is Worth.Watch What You Say to the Adjuster.Emphasize You Did Nothing Wrong.More items...•Oct 28, 2019

What happens after a dog bite is reported?

Dogs are required to be quarantined for a minimum of 10 days after biting a person in California. Bites must be reported to local health officials, triggering the quarantine process. This mandatory quarantine process is to make sure the dog does not have rabies.Sep 27, 2020

Do you have to put a dog down if it bites another dog?

In California, a dog that bites someone is not required to be put down since the owners of the dog are held liable for your injury – not the dog itself. Many of our clients would never open a dog bite case if they knew the animal was at risk of being euthanized.Oct 9, 2019

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What is a pet custody agreement?

A pet custody agreement is made when people who buy or adopt a pet enter into a contractual type of agreement that details the pet care responsibilities and ownership interests. As noted above, pet custody agreements are the best way to avoid potential disputes involving the custody of the pet in the event of a divorce or separation. ...

What can a child custody lawyer do?

A child custody lawyer can provide pet legal advice. An experienced child custody lawyer could also help a couple draft an agreement with a custody plan in the event of separation or divorce.

What happens when two people get divorced?

When two people are getting divorced or are separating, there can be an issue as to who gets to keep the pets. Pet custody refers to the issue that arises when more than one person claims ownership of a dog, cat, or other household pet. Pet custody occasionally leads to a conflict about ownership and custody rights.

What does a judge do in a custody case?

For instance, in child custody cases the judge always makes the determination as to the custody arrangements for the child, guided by the standard of the child’s best interest. However, many judges in multiple jurisdictions will consider written legal agreements, such as a premarital agreement or an agreement regarding the distribution of property, ...

Is a pet a personal property?

Currently, according to pet ownership laws, pets are viewed as a personal property just like other tangible property, such as a car or furniture. However, similar to a rare painting or an expensive piece of jewelry, there is great sentimental value attached to the pet that cannot be replaced with money or an exchange of items of property or money.

What to do when neighbor dog barks?

When you are contemplating a court action, the first thing you need to do is to find a good lawyer.

How long does a dog barking order last?

If the judge rules in your favor, the temporary court order will be extended or made "permanent," for up to three years.

How to get a restraining order?

You can maximize your chances of obtaining a restraining order if you can show an especially strong rationale for requesting it. For example: 1 If you work at home and your livelihood depends on you having a quiet work environment. 2 The disruption of everyone's sleep is impacting the health and well being of your family and/or your ability to function and make a living. (In that regard, a letter from the family doctor and any other relevant documentation you can provide may help your case.) 3 You or someone in your family suffers from severe headaches, high blood pressure, or other health problems that are exacerbated by noise. (If you make this argument to the court, be sure to emphasize that, although the effect of the noise is particularly severe for you, the barking is of such frequency and intensity that most anyone would be unhinged by it. Don't leave room for anyone to argue that it is not the barking, but your special sensitivity to it that is the problem.)

Can you sue for pain and suffering?

You can not sue for pain, suffering, or punitive damages in small claims court. Click here for more information about suing in small claims court. Superior Court (also called circuit or district court) - The Upper Court. You will need an attorney to represent you.

Can you sue a neighbor for barking?

If you are driven from your home by barking, especially if you are sick at the time, you may be able to sue the neighbor for the cost of a hotel room for the night. If you are forced to move your place of residence to escape the noise, you may be able to get moving expenses.

Does each state have its own court system?

While there are many commonalities between the workings of the courts in the various states, there are also a good many differences. That makes it difficult to write a one-size-fits-all sort of description, telling you exactly how the judicial system works where you live.

How to prove ownership of a dog?

There are several ways you can prove ownership of your dog if he gets lost or stolen and someone else is falsely claiming your dog is theirs. In most cases, this involves records that you should already have in place, including: 1 Registration & license 2 Veterinary records 3 Microchip records 4 Adoption records 5 Transfer of ownership agreement 6 Pedigree registries 7 Recent photos and video of you with your dog

Who are Michelle and Alex?

Michelle and Alex S., the founders of Canine Journal, recently reworked their wills and were asked with the question of what would happen to their dogs if they passed unexpectedly.

Is a pet a separate property?

A pet is considered separate property if one person acquired the pet before the relationship (or if the pet was a gift to only one of the parties during the relationship). In many states, the pet will then go to that person.

Who is Sally Jones?

About The Author: Sally Jones. Sally has been a writer and copy editor for Canine Journal for many years. She has 25+ years of professional writing and editing experience. She also has years of experience in public relations, marketing, and fundraising communications, specializing in health care communications.

Is a written agreement binding?

Written Agreements Are Legally Binding. Of course, the ideal solution is to settle ownership through written dog custody agreement forms that both you and your spouse agree upon. You could even consider a pet prenup. Most judges will simply honor a written pet custody agreement between divorcing parties because, in the eyes of the law, ...

What to do if an animal is taken from you?

If an animal has been taken from you as the result of an animal law violation and you have lost your administrative appeal, you typically must make arrangements to pay for the continued holding of the animal.

How to appeal a hearing officer's decision?

Speak in a loud, clear voice, and make your case in short, concise statements of the facts. Focus on the reasons the hearings officer's decision was incorrect, not the reasons you were hurt or upset by it. Typically this is your last chance to appeal.

What do you need to present at an appeals hearing?

Gather information. At your appeals hearing, you must present evidence to prove that you shouldn't have been issued the citation. Typically you're allowed to present documents or photos, as well as call witnesses.

How to respond to a citation?

1. Contact the agency that issued the citation . The citation you received will have information for the agency that issued it, including an address and phone number you can use to respond to the citation. In larger cities, you also may have the option of responding to the citation online.

How long do you have to pay a fine after a citation?

Some jurisdictions may provide a grace period after the issuance of the citation that allows you to fulfill the requirement of the ordinance within a few days or the week after the citation and pay a lower fine.

How to request a hearing for a citation?

In most jurisdictions, a request for a hearing must be made in writing by the deadline listed on the citation. Your city or county's agency may have a form you can fill out to request a hearing, or you may have to send in a letter.

Who is Jennifer Mueller?

X. This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

Joanna Marie Mitchell

I agree with the second answer and would suggest filing a claim in small claims court or county court, depending on how much you paid for the dog. Being an animal lover and owner myself, I understand that it's not as simple as getting another dog, as no one dog can be simply "replaced" with another.

Laura Mcfarland-Taylor

The Florida Bar Association can give you a referral: http://www.floridabar.org/#N#You can also take him to small claims court rather than waiting for him to act and ask for the dog (since he is in your name) or reimbursement of half of all expenses you have paid for the dog. Put the ball in his court. Be aware that he will likely counter...

Andrew Daniel Myers

You can spend a lot of money fighting over the dog and retaining a litigation attorney to claim your right to the dog, or you can go to the humane society where many animals are desperately seeking a new home.#N#That's my answer.