Q & A: Expert Animal Lawyer Answers Pet Legal Dilemmas

My co-worker has a husky that killed a cat and the dog is now deemed a dangerous dog. They have to pay an additional $1,200 a year on homeowners' insurance or put the dog down. Is this legal or can they appeal?

Virginia’s dangerous dog law provides that a dog who kills another dog or a cat can be declared dangerous. The law also states that a dog who was responding to pain or injury or was protecting himself/herself, his/her kennel, offspring, a person, or owner’s or custodian’s property shall not be found to be a dangerous dog. The law provides that the owner of a dog determined to be dangerous must do certain things, including, for example, obtaining liability insurance coverage or a "bond in surety" in an amount of at least $100,000. The law also states that, “The procedure for appeal and trial shall be the same as provided by law for misdemeanors.” I suggest that if your co-worker wants to appeal, he immediately consult with an attorney in Virginia. There are time limitations to appeal.

My brother owns a dog under breeders rights, meaning they paid $100 for her and have a contract for her to have two litters for the breeder. Her first litter produced 10 puppies, which the breeder sells for over $1,000 each. Now that she is on the verge of her second litter, the breeder is claiming that my brother's dog is being neglected and abused, which is 100% false. We believe it's a ploy to get two additional litters out of her. What can we do to get the dog back and stop this ridiculousness?

I suggest that your brother consult with an attorney in his area who can review his contract with the breeder/seller and advise your brother about his rights. Some breeding contracts allow breeders/sellers to repossess animals they believe have been neglected by the purchaser. Purchasers who believe the breeder/seller acted in bad faith can sue the breeder/seller for the return of the dog or for monetary damages (value of dog, for example).

My friend had gotten a stray cat and kept it in her bathroom for two days. She then brought it to the vet to get it tested because our mutual friend wanted to keep her. The tests came back negative, so the cat was given to the mutual friend. Now the mutual friend is trying to give the cat away and refuses to return her, despite my friend asking for her back. My friend still has the vet papers with her mother's name as the owner. Can we get her back?

You should be checking with your local shelters, humane societies, police and animal control officers to find out if someone reported losing this cat. Signs/posters with contact information should also be placed near where the cat was found so that if someone is looking for their lost cat, they will be able to locate her. If your mutual friend won’t return the cat to your friend who found the cat, then your friend who found the cat may choose to sue the “mutual” friend. However, the person who gives an animal away usually does not retain any rights to the animal unless there is an agreement which states otherwise.

I asked my friend to keep my dog for me, but when I came back, he took my dog to the pound. How can I get my dog back?

I suggest you contact the facility where your dog was taken. Perhaps if they still have the dog, they will return the dog to you. In these situations, shelters will usually require proof of ownership (such as dog license and/or veterinary records) before returning an animal. Sometimes, shelters will require individuals whose animals have been surrendered to complete an adoption application and will only release an animal if they believe the person would make a suitable pet “parent.” If the facility already adopted the dog to another person, your efforts to get the dog returned will be more complicated. Consult with an attorney in your area.

If you have cared for a dog who is now pregnant for seven months and the owners bought only one bag of food for the dog, do you have to give her back?