Legal Question in Civil Litigation in California
My neighbors 3 pit bulls dug under my fence and pulled my daughters mini doxie threw to there yard where they attacked him in front of her. Is there any thing I can do? I do have pictures and video of the dogs digging into my yard yesterday. The dogs are still there. The problem is she is my Ex-mother in law, the kids grandmother. Yes the dogs have bit my kids they are not allowed over there because of the dogs. The police told me that now it is a domestic matter, I do not understand. The damage is done my daughter can not sleep she is getting violent issues. My 2 sons are constantly afraid they are doing to dig back in our yard the walk around the house with baseball bats. I have a nice size vet bill thank god the puppy is still alive but now I have to seek help for the kids mental stability. And I have to try to sell my house and move - That is what the sheriff deputy told me I should do. Because they will keep digging and I can stop them, they still have the dogs.
I do not know which area of Law I have to go into?
3 Answers from Attorneys
First, call your local animal control office. They may intervene even if the police won't.
If that doesn't work, you can seek a restraining order requiring your neighbor (regardless of how she is or was related to you) to keep the dogs restrained. If you get such an order and the dogs escape again later, she will be in violation of the order. She can then be held in contempt and/or jailed.
Either of these steps should make it unnecessary to move. And you may want to report the officer who said you should to his supervisors; that seems like a pretty outrageous thing for him to say.
And whether animal control helps or not, you can also sue your neighbor for the medical and vet bills her dogs have made you incur. You may also be able to get damages for emotional distress, though without more details I don't know how strong your case would be.
Good luck.
If the dogs have bitten people and have attacked another animal, off their property, they can be declared vicious and put down. The sheriff should know that. File a complaint with internal affairs at the sheriff's dept. and file a civil complaint to have the dogs put down.
You may want to find an attorney specializing in animal law. There are attorneys out there that handle your type of situation and will be able to help you recover vet bills and medical bills you have for your kids in having to deal with the emotional and psychological trauma. In addition, you may be able to recover other damages in connection with this incident. Reporting this incident to animal control is essential. Animal control will investigate the situation and decide whether the dogs should be taken out of the home and put down in light of their vicious nature. You should search for an animal law attorney in your area.
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