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 …
Emotional Support Animals and the Americans with Disabilities Act
Animals can be domesticated pets, but they can also provide emotional support to their owners. An emotional support animal (“ESA”) is used to provide a therapeutic benefit to an individual with a mental or psychiatric disability. The difference between an emotional support animal and a service animal is that the service animal usually performs a task that helps a person …
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 …
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 …