what lawyer would i get to go against animal control

Are there any attorneys who practice animal law exclusively?

When someone kills or injures your animal, the law primarily (although not exclusively) sees this as an injury to “property.” A lawyer who specializes in personal injuries or injury to property (called “torts” in the law) should be able to handle the case.

How do I find a lawyer for animal abuse cases?

Animal law is a relatively new specialty area within the law. 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. It is important to note that it is against the law in every state in …

Who is responsible for animal control in my community?

As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. The content of the responses is entirely from reviewers.

Is it against the law to treat animals cruelly?

 · You need a dog lawyer! 288 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 does the ALDF do?

The Animal Legal Defense Fund files high-impact lawsuits to protect animals from harm, provides free legal assistance and training to prosecutors in their fight against animal cruelty, supports animal protection legislation, and provides resources and opportunities to law students and professionals to advance the field ...

Can I sue the owner of a dog that killed my cat?

You may also be able to sue someone who injured or killed your companion animal through negligence (legalese for carelessness).

Can I shoot a dog on my property in West Virginia?

Any person whose dog, cat, other animal or reptile as specified herein is killed or injured wrongfully or unlawfully by any other person shall have a right of action against the person who shall so kill or injure any dog, cat, animal or reptile.

What is an attorney called?

In the United States, the terms lawyer and attorney are often used interchangeably. For this reason, people in and out of the legal field often ask, “is an attorney and a lawyer the same thing?”. In colloquial speech, the specific requirements necessary to be considered a lawyer vs attorney aren't always considered.

Can you shoot someone hurting your dog?

In California, people have a statutory right to kill dogs that attack certain listed animals, and a common-law right to defend their other domestic animals from attack under most circumstances.

What do I do if my neighbor's dog killed my cat?

If you're sure that your cat was killed by a neighbor's dog and you have documented proof, you can:Press legal charges and file a lawsuit.Make a civil claim and seek appropriate compensation for medical bills and the market value of your cat.

Can I let my dog roam free?

You may live in a rural area and see other dogs roaming. Perhaps your dog loves to wander and explore as most dogs do. Unfortunately, it is neither safe nor appropriate to allow your dog to roam free. In general, dogs should not be allowed off-leash, even with supervision.

Are pitbulls illegal in West Virginia?

Pit Bull Restrictions in West Virginia The most common type of dog subject to bans and restrictions are pit bulls. Some people perceive pit bulls as being more dangerous than other breeds, whether that's fair or not, and this has led some localities in West Virginia to restrict ownership of the breed.

Is animal cruelty a felony in WV?

If any person intentionally tortures or maliciously kills an animal, or causes, procures or authorizes any other person to torture or maliciously kill an animal, he or she is guilty of a felony.

What is the difference between lawyer attorney and advocate?

An advocate is a specialist lawyer who represents clients in a court of law. Unlike an attorney, an advocate does not deal directly with the client – the attorney refers the client to an advocate when the situation requires it.

How do you know if a lawyer will take your case?

In general, there are three major criteria attorneys use to decide whether to take a case to litigation:the client;the merits of the claims; and.damages.

What is the difference between a lawyer and an advocate?

A lawyer is a general term used to describe a legal professional who has attended law school and obtained a Bachelor of Law (LLB) degree. An advocate is a specialist in law and can represent clients in court.

What can I do if someone killed my cat?

1. Call the police immediately and file an official report. Whether you know who is responsible or not, it's important to alert your local authorities that a crime has taken place. The local authorities are obligated to investigate.

Can you sue someone for their dog attacking your dog?

California law permits people whose dog was attacked by another dog to sue for damages. But it is not California's dog bite statute, Civil Code 3342, that applies in such cases. Rather, California law classifies dogs as personal property.

What happens if your dog kills a cat UK?

As it stands, there is no law in the UK protecting cats from dog attacks. If a cat is attacked by a dog, no legal action can be taken against owners. Allowing their dogs to freely roam and attack is neglect and dangerous to the public. Cats need as much protection by law as our pets as dogs have.

What do you do when someone kills your dog?

The police will investigate and then fill out a police report.You should also call the police if you don't know who killed or injured your pet. ... It is a crime if someone intentionally kills your animal, so always call the police if someone intentionally kills your pet.

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 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 to do if your pet is abused?

If your animal was abused, you should immediately report the situation to the local authorities. Further, you should document any evidence of animal abuse or cruelty, as you may be able to bring a civil lawsuit against the offender in civil court or bring the case to the attention of your local district attorney. It is important to remember that although your pet is a member of your family, in the eyes of the law they are considered personal property.

What to do if you see an animal being abused?

If you believe that you have seen an animal being abused, it is important that you report the incident to your local authorities and not take the law into your own hands. Your local authority will be able to analyze the situation and address the issue, punishing the person who abused the animal.

How much is a felony for animal cruelty?

For example, if a person has previous offenses of animal cruelty, and then kills an animal, that offender would likely be facing a felony charge with fines ranging from $1,000 to $10,000, 1 year to 10 years in prison, or both .

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 the meaning of "injuring" an animal?

Injuring an animal that doesn’t belong to you, such as tripping a horse; Torturing, maiming, or mutilating an animal; Seriously overworking or overloading a work animal; Leaving animals in cars for a certain period of time, or in severe weather conditions; Transporting or confining animals in a cruel manner;

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.

Why are animal lawyers important?

Part of the reason for the rapid increase in the number of animal lawyers is due to the rise in status of our companion animals and their importance in our lives. Today’s owners often spend thousands of dollars to provide their dogs or cats with the best health care, training, day care, and grooming. For those owners, attorney’s fees are viewed as just another necessary expense in caring for and protecting their pets.

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 happens if you divorce your dog?

The bonds that people form with their dogs can make an already emotionally charged situation even more volatile. When you and your spouse decide to split up, you may not love each other anymore but your dog loves both of you. 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 is a lemon law?

Fewer than 20 states currently have “Lemon Laws” for dogs, allowing buyers to return an unhealthy dog to the seller ( breeder, broker, or pet store) for another dog or a refund. Several of these states require the seller to provide the consumer with written notice of their rights under the law.

Can you settle a pet claim with your insurance company?

Pet care professionals as well as transport services, including airlines, often have liability insurance. You may be able to reach a settlement directly with the insurance company. Again, a mediator may be helpful in working out issues.

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 ...

Who is Ken from LegalMatch?

Ken joined LegalMatch in January 2002. Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone. Prior to joining LegalMatch, Ken practiced Law for four years in San Francisco, California, handling a wide range of cases in areas as diverse as Family Law (divorces, child custody and support, restraining orders, paternity), Real Estate (property ownership, landlord/tenant disputes for residential and commercial property), Criminal Law (misdemeanors, felonies, juvenile, traffic infractions), Personal Injury (automobile accidents, medical malpractice, slip and fall), Entertainment (recording contracts, copyright and trademark registration, licensing agreements), Employment Law (wage claims, discrimination, sexual harassment), Commercial Law and Contracts ( breach of contract, drafting contracts), and San Francisco Bankruptcy (chapter 7 personal bankruptcies). Ken holds a J.D. from Golden Gate University School of Law, and a B.S. in Business Administration from Pepperdine University. He is admitted to practice law before the State Bar of California, and the United States District Court for the Northern District of California. Ken is an active member of the American Bar Association, San Francisco Bar Association, and the California Lawyers for the Arts.

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.

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.

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.

Can you get compensation for a pet that died from veterinary malpractice?

If you can prove that your pet died because of malpractice, then a court may award you the market or replacement value of pet. This is based on what it would cost to buy an animal of the same breed, age, condition and training.

Can a veterinarian be held liable for malpractice?

Both veterinarians and their employees can be held liable for negligence. It is also possible that a veterinarian or a hospital can be held liable for malpractice because of the actions of their employees.

How to speak to an animal control representative?

Always be polite but firm when speaking to an animal control representative. You can use these scenarios to guide you in your interactions. And remember: less is often more. Anything you say in an interaction with the authorities could inadvertently reveal something unhelpful to your case or give them grounds for a more extensive search.

How to minimize the chance that someone will call animal control?

Follow best practices for caregivers , and choose discreet locations for feeding stations and shelters. This helps minimize the chance that someone will call animal control in the first place. Find our best practices at

How to protect yourself and your cat?

The best way to protect yourself and your cats is by knowing your local laws. .”. Pay special attention to the definition of “owner” in your local laws. Some definitions are so broad that they can be interpreted as including community cat caregivers—who we know, of course, do not own community cats.

Can you carry a firearm in a community?

Some are licensed to carry firearms, some are not. In some communities, animal control is the responsibility of the police department or code enforcement, while other communities may contract with private businesses or shelters for animal control. Do some research to find out about your local animal control.

Do animal control officers have the power to arrest?

Animal control officers may be employees of the city or work as contractors. Some animal control officers have the power to arrest or issue citations, some do not . Some are licensed to carry firearms, some are not.

What is the role of local authorities in animal control?

Local authorities, often in the form of an animal control agency are charged with enforcing laws related to the control and impoundment of animals —including laws that may affect the feeding, spaying and neutering, and care of outdoor cats. The shape of animal control duties differs from community to community.

Who can take care of outdoor cats?

As a caregiver for outdoor cats, you may be approached by local authorities at some point. In some communities, animal-related ordinances are enforced by full-time animal control officers; in others, police officers, sheriffs, or code enforcement officers might be assigned to animal control duties or wear several hats, including animal control. In some situations, the Department of Health might respond to certain questions or concerns. Any one of these officials might at some point take an interest in outdoor cats.

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 your dog is impounded?

In some situations, such as if your dog has been impounded and may be put down, hiring an attorney to represent you can give you peace of mind that you did all you could to save your pet.

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.

Can you respond to a citation online?

In larger cities, you also may have the option of responding to the citation online. Typically your citation also will include a deadline by which you must respond if you intend to appeal the citation. Mark this deadline on your calendar and make sure you don't miss it or you may lose your ability to appeal.

Can you appeal a citation if you don't show up?

Appear on your hearing date. Your appeal will be dismissed if you don't show up for your hearing. Likewise, you may be eligible to win your appeal if no one shows up to represent the agency that issued the citation.