Took my dog for 1 incident.

Question

So long story short I have a well loved dog almost two years he is an outside dog and always has remained on his thought chain of had never broke before. Well he got off after a link broke and he was off a total of ten minutes in that time the neighbors dog was on their porch with no leash and my dog went straight to him and they got into a scuffle. Wasn't for 60 seconds. Police showed up and walked towards my dog n he had gear and a hat on enough to make any dog wonder my dog jumped at police but did not bite him . My kids are very close to our dog and this was a freak accident he's NEVER been aggressive towards people and animals. The next day I came home and animal control had my dog calling him aggressive and he's nowhere near aggressive any dog that doesn't know someone is going to probably feel threatened. I miss my dog and I really want to see him and what steps to take to get him back please help with any answers.

Answer

It is very important for people whose dogs have been seized to be in close contact with animal control and the shelter to request the return of the dog. Requests should also be in writing. Time is of the essence so it is important to act quickly.

It is important to review the dangerous dog laws in one’s state and municipality as they differ throughout the country and even among municipalities in the same state. These laws typically provide that the dog’s "parent" is entitled to a hearing to determine whether the dog should be declared dangerous. If the dog is declared dangerous, the hearing officer could order the dog’s “parent” to take certain precautions (such as muzzling when in public) to try to prevent a future incident. Dangerous dog laws often contain provisions regarding when euthanasia may be ordered (often limited to incidents where the dog has caused significant injury). Dangerous dog laws should not be confused with laws relating to the potential financial liability of a dog’s “parent” when the dog harms a person or other animal. Also, Indiana law provides that dog owners are strictly liable if their dog bites a person who is in a location where he/she may be required to be in order to discharge a duty imposed by law (such as the police or postal worker) even if the dog had not previously behaved in a vicious manner and the owner had no knowledge of the dog's prior vicious behavior. Attorney representation can be helpful in these situations (attempting to get dog returned, dangerous dog hearing, and civil lawsuit for money).

Important to also note is that some states and many localities have laws banning or restricting the tethering of dogs. These laws vary but often include provisions prohibiting the use of pinch or choke collars, limiting hours that a dog may be tethered (or prohibiting tethering), banning tethering during inclement weather, specifying minimum length of a tether, prohibiting use of a tether that can become entangled, limiting age of dog who can be tethered, prohibiting exposure to dangerous conditions, etc. Dogs should not spend their days and/or nights chained. Simply put, it is cruel. Chained dogs may also become anxious and aggressive. Even if there is no specific law to ban or regulate tethering in a particular state or community, chaining/tethering may constitute a violation of an animal cruelty law depending on the circumstances. Please consider this if the dog is returned to you. I hope this all works out well for this dog!

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.

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By |2022-06-16T13:28:19-04:00February 26th, 2022|

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