Queens New York Writ of Replevin for Dog
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FAQ
Responsible pet ownership includes preventing your pets from reproducing by getting them spayed or neutered. Until every homeless pet has a home, there is no reason for any companion animal to reproduce.
Sadly, the answer is no. Animals generally do not have meaningful legal rights under current law. They are deprived these protections largely because by and large, the law considers animals to be propertyor legal things instead of legal persons.
Consider filing a police report The police may take action or they may say they don't get involved in "civil" disputes (which means you have to pursue your dispute in court). If you are able to file a police report for your dog, make sure you keep a copy of the police report.
Animals are considered property under the law, which limits their protections.
Replevin, also known as a claim and delivery, is a legal recourse that allows a person to obtain any personal property that was wrongfully claimed. The remedy is given before the court pronounces the final judgment and the wronged party is also compensated for any losses incurred due to the illegal act.
You view your pet as a member of the family, maybe even your best friend, but animal law views them as personal property. This means you may need proof of legal ownership. Proof of ownership can be as simple as your adoption record from the local shelter or as complex as the AKC registration record.
According to the law, pets are considered possessions and as such, people can do pretty much what they want with them. Fortunately animal abuse is against the law, although often it is difficult to prove and prosecute.
Establishing proof of ownership can be done through showing proof of purchase, whether from a shelter or breeder, or otherwise showing that the dog was gifted or given exclusively to you.
So when it comes to divorces, what can a pet parent expect? The sad truth is that in California as with other jurisdictions most likely, dogs are considered to be personal property. This is not meant to be cruel. It comes from the old common law definition of chattel.
Pets are considered property, just like any other asset, no matter how meaningful or deep your attachment to them may be. So, in the event of a divorce where pet ownership is in dispute, the court has to consider a number of factors similar those that would be considered during a child custody hearing.