what kind of lawyer do i need for animal control case

Full Answer

Do I need a lawyer for animal cruelty cases?

In either case an attorney can be extremely helpful. If you have been accused of animal cruelty, a criminal defense attorney can be helpful in answering questions and representing you in court. If you have lost a pet, you can contact the DA to pursue criminal charges, as well as contacting a personal injury attorney to pursue civil litigation.

Do I need a lawyer for an animal law hearing?

Even if you don't feel the need to hire an attorney to represent you in the hearing itself, you may want to discuss your case with someone who has experience with the animal law in your area.

Do I need a child custody lawyer for my Pet?

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. 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.

What does a dog lawyer do?

A “dog lawyer,” or more accurately, an animal lawyer or animal law attorney, is an attorney who specializes in matters of animal law. Circumstances in which you may need sound legal advice and representation from someone with extensive experience with dog-related cases are not limited to dog bite incidents.

What are basic animal rights?

Animal rights are moral principles grounded in the belief that non-human animals deserve the ability to live as they wish, without being subjected to the desires of human beings. At the core of animal rights is autonomy, which is another way of saying choice.

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.

Can animals file lawsuits?

You might be a little less reassured to learn that the panel also concluded that under Article III of the U.S. Constitution – as interpreted by prior Ninth Circuit case law – monkeys and other animals do have legal standing to file lawsuits in federal cases.

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

The pet owner's recourse follows two main courses of action: you can attempt to negotiate for the return of the pet. Or you can also file a court action to determine the legal ownership of the pet and mandate return of the pet to the rightful owner.

Can I charge someone for running over my dog?

In most states, the pet is considered personal property, so when you hit a dog with your car and run it's considered property damage and leads to a criminal penalty. You might be charged with animal cruelty or failing to notify the owner of property damage.

Can a dog be put down for attacking another dog?

A dog that was raised to fight or was trained as an attack dog can be euthanized after a single bite, if the bite caused substantial injuries. A hearing is required before the dog can be euthanized. Before a dog can be euthanized, there must be a hearing.

Can a human sue an animal?

If someone—or another animal—has injured your dog or cat, you may be able to receive compensation in a civil lawsuit against the responsible person. It's bad enough to watch your pet suffer or die. But it can be particularly upsetting if the injury was needless, and you think someone else was to blame.

Do animals have fundamental rights?

The animals have their own fundamental rights. Article 48 specifically lays down that the state shall endeavour to prohibit the slaughter of cows and calves, other milch and draught cattle".

When to consider that any person may do negligence or unlawful act or maltreated any animal?

It shall be unlawful for any person to torture any animal, to neglect to provide adequate care, subject any dog or horse to dogfights or horsefights, kill or cause or procure to be tortured or deprived of adequate care, sustenance or shelter, or maltreat or use the same in research or experiments not expressly ...

What are my rights as a dog owner?

You have to: 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.

Can someone who gave me a dog take it back?

Answer. 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.

How can I legally get my dog back from my ex?

Consider filing a police report The police may take action or they may say they don't get involved in "civil" disputes (which means you have to pursue your dispute in court). If you are able to file a police report for your dog, make sure you keep a copy of the police report.

What is an animal lawyer?

Animal lawyers are attorneys who specialize in cases involving animals, and are generally lawyers who practice law regarding injury to property. Animal lawyers specialize in property law, due to the law treating injuries to animals as injuries to personal property.

What are the laws regarding animal cruelty?

However, most state laws prohibit a variety of types of mistreatment of animals, with criminal and civil punishments ranging from a misdemeanor charge with small fines to felony charges with severe fines and possible imprisonment.

What is the difference between a misdemeanor and a felony for animal cruelty?

These can include: the level of cruelty, the number of animals involved, whether the alleged abuser has previous convictions, and the result of the animal cruelty.

What is intentional animal abuse?

Intentional animal cruelty, also known as animal abuse, is the more severe form of animal cruelty that occurs when a person severely harms a protect animal. Most state laws classify some or all of the following as intentional animal cruelty: Otherwise beating or injuring an animal unnecessarily or cruelly.

What is animal cruelty?

Killing, poisoning, or seriously injuring an animal without the legal authority to do so; or. Otherwise beating or injuring an animal unnecessarily or cruelly. As can be seen, the forms of animal cruelty listed above are more serious, and are often punished with more severe criminal penalties.

What to do if you see someone mistreating animals?

Thus, If you see or suspect that someone is mistreating animals, it is best to contact your local humane society, animal welfare group, or your local authorities. Humane society agents in many states have the legal authority to investigate complaints of animal cruelty, and may even seize animals that have been subjected to abuse.

What is animal abandonment?

Animal abandonment, often used interchangeably with animal neglect, occurs when an owner or caretaker of a pet or other animal neglects the animal. This can happen by not providing the basic necessities for the animal’s survival, such as food, water, and shelter.

What does an animal law attorney do?

If you feel an error was made by your veterinarian in treating your pet, an animal law attorney can help you determine if the case is actionable (malpractice) or a case of simple negligence (carelessness) that does not constitute malpractice.

What is a dog lawyer?

A “dog lawyer,” or more accurately, an animal lawyer or animal law attorney, is an attorney who specializes in matters of animal law. Circumstances in which you may need sound legal advice and representation from someone with extensive experience with dog-related cases are not limited to dog bite incidents. Veterinary malpractice cases, custody ...

What is malpractice in veterinary medicine?

As with medical care for people, sometimes things go terribly wrong. Veterinary malpractice is professional negligence, an error that should not be made based on a level of competence expected of a veterinarian as a result of specialized training and experience, which results in injury or death to your dog. If you feel an error was made by your ...

What are some examples of animal law cases?

Veterinary malpractice cases, custody issues in divorces, and landlord-tenant disputes are just a few examples of when an animal law attorney can help with legal issues pertaining to your dog.

What to do if you are sued for a dog bite?

If you are sued for damages, you will need a lawyer. An animal law attorney familiar with your state’s bite laws and experienced in dog bite cases will be your best choice. Estate planning. Many dog owners want to provide for the care of their animals after they die.

What insurance should I use for a dog bite?

If the victim wins in court you may be paying not only for medical costs, but also for lost wages and pain and suffering. Homeowner’s or renter’s insurance is your best protection. Make sure your policy covers dog bites, and be certain your dog’s breed is covered as well.

What happens if you can't get custody of your dog?

If you are unable to reach an agreement as to who will get custody of your dog, the courts will have to decide for you. Sole custody, joint custody, sole custody with visitation, no ongoing relationship, and splitting up pets between partners are all up for consideration in custody disputes.

What to do if you are charged with animal neglect?

You should contact a criminal lawyer if you are facing an animal neglect charge. A lawyer will advise you of your rights and how to proceed with the case. The criminal lawyer may also work to reduce or eliminate the neglect charge. Post Your Case - Get Answers from Multiple Criminal Defense Lawyers.

What is animal cruelty?

For example, animal cruelty is the inhumane treatment of an animal whether it’s a pet or livestock. Animal abuse happens when an animal is physically harmed or neglected on purpose. Including criminal acts such as torture or poisoning. Animal neglect, also called animal abandonment, is a type of animal cruelty.

What animals are considered neglected animals?

Animals that are commonly subject to neglect include dogs, cats, birds, lizards, and smaller mammals such as hamsters and mice.

How long can you go to jail for animal neglect?

If tried as a felony, the person may face over a year in a state prison facility (often up to five years), and heavier criminal fines. Penalties may be compounded if multiple instances or multiple counts of animal neglect are involved in the case.

What are the consequences of neglecting animals?

Additional consequences of animal neglect can include: Having the animal or animals permanently removed from the person’s care; Paying any costs associated with the animal’s housing from the time of the seizure of the animal up until conviction; and/or.

What is chaining a pet?

Chaining a pet for long periods of time; Overworking an animal; and/or. Leaving an animal unattended in a vehicle. The type and degree of neglect can depend on many different factors. Thus, each animal neglect case can be different from the next.

What animals are subject to neglect?

Animals that are commonly subject to neglect include dogs, cats, birds, lizards, and smaller mammals such as hamsters and mice. However, larger farm animals can also be victims of neglect, as the cost and upkeep can be too high for most people to afford.

Where can I bring a service animal?

As previously mentioned, people with disabilities who rely on service animals may bring them into restaurants, hospitals, public transportation, stores, parks, and so on.

What is a service animal?

A service animal is a type of animal that has received special training in order to be assigned to a person who has a disability. The purpose of a service animal is to help a disabled person to live their life as independently as possible. Service animals were once primarily associated with people who were blind or had severe vision impairments.

Can a service dog be in a zoo?

For instance, in the state of California, it is not necessary that a zoo allow a service dog to be near an exhibit where there is no physical barrier separating the service dog and the zoo animal, but the zoo must provide kennels to shelter the dog until the owner can pick it up later .

Do you have to admit a service animal to a workplace?

However, if an animal is found to be disruptive or if it is not needed to perform specific tasks that are related to the employee’s disability, then the employer will not be required to admit the service animal in the workspace.

What is veterinary malpractice?

Veterinary malpractice refers to situations where a veterinarian fails to meet the reasonable standard of care when providing healthcare to an animal as well as causing a preventable injury. Veterinary malpractice law tends to be similar to the law in medical malpractice cases.

Why did my dog die from a veterinarian?

The veterinarian failed to meet the professional standards of care; The pet was killed, injured or became sicker because of the veterinarian’s incompetence, mistake in judgment or carelessness; and. Because of the injury, the pet owner experienced some kind of harm such as economic loss or emotional distress.

Is there a statute of limitations for veterinary malpractice?

However, the statute of limitations for veterinary malpractice cases may be different compared to that for medical malpractice. It is also possible that the time limit for veterinarian malpractice suits may not be explicitly mentioned in the statutes. If you are in doubt, it is important to talk to an attorney.

Is negligence based on professional expertise?

However, simple negligence is based on carelessly handling the animal before or after treatment and it is not based on professional expertise. The standard in a negligence lawsuit is what another reasonable individual would do in similar circumstances rather than professional competence.

Can a vet be held responsible for emergency care?

Vets are not held to the ordinary standard of care while providing on-site emergency care and they can be safe from liability in these situations as long as they are not negligent or careless in a major way.

Can you get compensation for a pet's emotional distress?

Also, for most pet owners, their pets have a great deal of sentimental value and just receiving monetary compensation does not replace the loss. If the veterinarian’s conduct was intentional or quite outrageous, some states allow pet owners to recover compensation and/or punitive damages for their emotional distress.

Is a mistake made by a vet a malpractice?

There is a difference between malpractice and simple negligence and a mistake made by a vet is not always based on malpractice. Malpractice is based on the level of a vet’s professional competence or judgment and it can include actions such as: Stopping the treatment prematurely.

What is an animal law citation?

Animal law citations typically involve a violation of a city or county ordinance, such as a requirement that pets be in a crate or on a leash if off your property, or that all cats and dogs be vaccinated against rabies. If you receive such a citation and want to fight it, you typically must appeal the citation within a brief period ...

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.

What happens if a hearing officer rules against you?

If the hearings officer rules against you, he or she will let you know what the process is to contest the decision. In some jurisdictions, if the citation was issued as the result of a complaint from a private individual, that individual has the right to file an appeal if the hearings officer rules in your favor.

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.

Do you have to pay a fine if the hearing officer rules in your favor?

At that time, you'll find out what the next steps will be. If the hearings officer rules in your favor, you don't have to pay any fines associated with the citation.

Do you need an attorney for an administrative hearing?

While you may not have felt you needed an attorney for your administrative hearing, a court appeals before a judge involves more complex rules of procedure and evidence. Search for an attorney in your area with experience defending pet owners against animal law citations.

Can you get a citation for not providing your dog with enough water?

For example, you may have received a citation for failing to provide your dog with adequate food and water. The ordinance defines what is considered to be adequate. If you can prove you provided your dog with the amounts of food and water required by the ordinance, you should be able to defeat the citation.

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.

How to resolve a pet custody issue?

A couple can certainly resolve a pet custody issue by coming to an agreement on their own. Once again, pets are treated as items of personal property, meaning that when a relationship ends, pet custody can often be determined by a written agreement alone.

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 is the issue with having two people keep their pets?

Many people consider pets more than just property; they may regard them as family members. 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.

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, ...

What is pet custody?

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. Currently, according to pet ownership laws, pets are viewed as a personal property just like other tangible property, ...

Do judges recognize that a dog is more than a piece of property?

At the very least, the majority of judges are probably willing to recognize that a pet is something more than a mere piece of property. Additionally, some courts have begun to award shared custody, visitation, and in rare cases alimony payments to pet owners. To date, most of these court cases have involved the custody of dogs.