Question
What steps do I need to take to retrieve my puppy back from my ex who won’t give my dog back after I left due to a physical altercation? He physically assaulted me and after I left that day, I returned the next morning to get my things and get my dog and he took my dog and has been keeping him and won’t give him back?!
Answer
North Carolina law allows animals to be included in domestic violence orders of protection. North Carolina’s law states, in part:
a) If the court …finds that an act of domestic violence has occurred, the court shall grant a protective order restraining the defendant from further acts of domestic violence. A protective order may include any of the following types of relief:…
(8) Provide for possession of personal property of the parties, including the care, custody, and control of any animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household.
(9) Order a party to refrain from doing any or all of the following: …
b1. Cruelly treating or abusing an animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household.
Many states have similar laws.
I suggest that you contact an attorney in your state to discuss possible next steps which may include an order of protection. People who believe that their animal is being wrongfully withheld can also contact the police and can commence a civil lawsuit to try to get the animal returned.
PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.
Send Your Pet Legal Question Now!
Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.