Legal Question in Criminal Law in California

A neighbors pit bulls have repeatedly broken through our fence and entered our property. We have exhausted all resources ,animal control, civil lawsuit (we won) and still the dogs remain. Can a restraining order be obtained against the neighbor to keep her dogs off our property?


Asked on 9/11/12, 12:06 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Based on these facts, yes.

Doing this right the first time is important, so get a lawyer if you can. Even if you can't afford to have her represent you, you can ask her to review your papers and help you prepare for court.

Good luck.

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Answered on 9/11/12, 12:16 pm
Terry A. Nelson Nelson & Lawless

Yes. You are ultimately seeking not just a restraining order, but a 'removal or destruction' order on the dogs. I hope this doesn't reach a point where you have to defend yourself in your yard by fatally shooting the dogs. Doing so would only be justified if you are able to clearly demonstrate the immediate and present danger and risk of injury you had to prevent and stop.

If serious about hiring counsel to help you with any legal problem, feel free to contact me.

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Answered on 9/11/12, 1:36 pm


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