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How can I get my dogs back from an abusive Ex?

Q:

My now ex boyfriend physically abused me tonight and I took the opportuinity to run tonight. I am currently at my moms. We had 3 dogs together which he treats fine but sometimes he gets a little out of a hand with them and not to mention they are extremely scared of him. Anytime he raises his voice, they all run to the crate scared to death.

He bought the dogs but there is no record of it. I pay for all vet care and have spent well over $3,500 all together. One of my dogs had mange and that was very expensive. I am always good about their annual check-ups, vaccinations etc etc. And they are all microchipped in MY name, as well as in my name at the vet.

How can I get them back? We were never married. Am i legally allowed to take my dogs back with all my vet paperwork and everything? Or could I potentially get arrested for this? Or would the best thing to do be filing charges for breaking my foot and waiting for him to go to jail and then taking them? Thanks. I wanna go around this the best way possible, while being civil at the same time. Not being able to have kids, these are my children.

A:

The police often do not get involved in animal custody disputes between separating couples. However, if the police believes a companion animal is in someone's possession without the owner’s consent, the police in limited situations might accompany the companion animal’s owner (guardian) to the premises where the animals are being kept in an attempt to retrieve the animals. Also, since you allege domestic abuse, it is possible that the police while addressing the domestic violence issue would attempt to address the animal custody issue. Since you stated that you were physically abused by your ex-boyfriend, it would not be a good idea to go to the premises where he lives to try to get the dogs on your own. When the police do not assist in pet custody situations, which as I mentioned they often do not, individuals sometimes hire an attorney to commence a lawsuit for the return of the animals.

While the laws in at least 13 states specifically allow pets to be included in orders of protection, even in those states that do not, judges may have discretion to include language in such orders to prevent the perpetrator of the abuse to further threaten the victim by harming the victim’s animals. Also, if pets are included in a temporary restraining order, the order may require that the animals be placed in the victim’s custody. Although Indiana does not have a specific law allowing pets to be included in orders of protection, there is an Indiana law which includes within the definition of domestic violence the beating, torturing, or killing of a vertebrate animal without justification with the intent to threaten or terrorize a family or household member. This shows sensitivity to the issue of domestic violence and animals and may provide impetus for the police to help a victim recover his/her animals.


Submitted by Anonymous
Answered by Elinor Molbegott

 

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