A friend recently told me a story of a particular house in her neighborhood that she avoids on her walks with her children, since the dog “looks and acts vicious”. In the past, neighbors have complained of the dog running up to the end of the property with a loud, intimidating bark; however, the dog has yet to run off …
Illinois Animal Law: Replevin of Pets
Replevin is proper action to be brought by an owner seeking return of his or her pet when the pet “ha[s] been wrongfully distained, or otherwise wrongfully taken or … wrongfully detained”. See 735 ILCS 5/19-101. In a replevin action, “the court shall issue an order of replevin if plaintiff establishes a prima facie case to a superior right of …
Illinois Family Law: The Allocation of Possession and Responsibility of Pets
Until a few months ago, the only statute dealing with custody of a pet was found in the Illinois Domestic Violence Act of 1986, which allows a judge to award temporary legal custody of an animal if domestic abuse is a danger to the pet. 750 ILCS 60/214. However, effective January 1, 2018, the Illinois Marriage and Dissolution of Marriage …
Fighting Over Fido Post Break-Up in New York
When deciding to pursue a legal battle to regain possession of a dog one claims is theirs alone, the person should be prepared to show proof as to why there is a superior right to possession over the other person, and why that person’s possession of the dog is the best for all concerned. New York courts have consistently held …
Animal Abuse Registry in Rockland County, New York
Following Suffolk County’s decision to maintain an animal abuse registry, Rockland County also enacted a law to have those convicted of animal abuse crimes register. Rockland County requires all persons convicted of an animal abuse crime to register with the database within five days of being sentenced or being released from incarceration. Each registrant has to pay an annual $50.00 …
Animal Abuse Registry in Nassau County, New York
Following in the steps of multiple other counties, Nassau has also passed a statute that requires convicted animal abusers to register with a database. The law requires all persons 18 and older who are convicted of an animal abuse crime to register with the Animal Abuse Registry located with the Nassau County Police Department within five days of conviction or …
Animal Abuse Registry in Westchester County, New York
Similar to Albany and other counties in New York State, Westchester has taken convictions of animal abuse extremely serious and require those convicted to register with an animal abuse database. The Westchester law requires all persons 18 and older who are convicted to an animal abuse crime to register with the database within ten days of conviction or released from …
Animal Abuse Registry in Orange County, New York
Orange County became the most recent county in New York State to require those convicted of animal abuse crimes to register in a database. Orange County calls this requirement Rocky’s Law, named after a dog that was left by its owners outside in the snow for five weeks without food or water. The law requires all convicted animal abusers to …
Animal Abuse Registry in New York City
In 2014, New York City started to require registration in a database for all persons convicted of an animal abuse crime. The law requires that any person 18 years of age or older that is convicted of an animal abuse crime to register with the database within five days of conviction or release from incarceration. Any person required to register …
Animal Abuse Registry in Albany County
Albany County has enacted perhaps the toughest of the animal abuse registry requirements of all counties in New York State. Albany requires that all person convicted of animal abuse crimes who are 16 or older register with the registry within five days of sentencing or being released from incarceration. Each registrant is required to pay an annual fee of $50.00, …
Animal Abuse Registry in Suffolk County
In 2010, Suffolk County became the first county in New York State to require offenders convicted of animal abuse crimes to register with a database. The law requires that all convicted offenders 18 and older register with the database within five days of being sentenced or being released from incarceration. The law does not apply to juvenile offenders or to …
NY Animal Law: Pet Ownership Case in Bronx
As a follow up to my first blog about pet custody/ownership, I wanted to discuss a recent case from the Bronx Civil Court, Ramseur v. Askins, 44 Misc.3d (Civil Court Bronx, 2014), an action for replevin of a shih tzu named Deva. The court’s decision mimics the general standard for pet custody cases in New York: the best interest for …
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