Question

Recently, someone in my house hold was arrested for animal cruelty. They went in for their animal cruelty assessment and they were told that I would have to re-home my dog, even though she isn't his dog. She is completely mine and her adoption is under my name. Can the law force me to give my dog away because someone in my household was arrested for animal cruelty?

Answer

The law provides that for certain animal cruelty convictions, the court, as a condition of the sentence, shall enter an order prohibiting the convicted person from “owning, possessing, or caring for a pet animal.” Possession is a broad term and may be interpreted to include an animal living in the same household. In any event, it is unclear why anyone would want to keep his/her animal in the same household with a person who was convicted of cruelty to animals. Law enforcement is not ordering you to give up your dog. Rather, law enforcement seems to be saying that the person convicted of cruelty to animals may not reside with an animal. Consider that people in your situation typically have options, including, for example, moving or placing the dog in a new home. It is your responsibility to safeguard your dog. I hope your dog is safe.

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.

Ask a Legal Question