How the court makes marital property decisions. The courts will always try to approve divorce arrangements a family creates before intervening. Each spouse will maintain ownership of his or her own separate properties. Consequences of owning a dangerous dog, 3.1.1. 155 East Boardwalk Drive,#400, Fort Collins, CO 80525, REQUEST A CONSULTATION ALL FIELDS REQUIRED*, COPYRIGHT © 2021 The Law Office of Stephen Vertucci | BLOG. Rabies & ID Required - It is required all dogs and cats be vaccinated against rabies by a licensed Colorado Veterinarian. At its most serious — when a person is killed — the penalty for owning a dangerous dog can include: Dog attacks are some of the most difficult charges to defend against. Please attach copies of any citations or booking documents. Illinois became the second in 2018. Under 38-20-102, any feeder, veterinarian, or other person entrusted with the pet for feeding, keeping, boarding, or medical shall have a lien for the amount of costs incurred in the care of the animal. Possible destruction of the dog by euthanasia. For a prompt response from one of our Colorado dog bite defense lawyers, you can fill out the confidential form on this page, or call us at our Denver home office: Colorado Legal Defense Group As a Colorado class 1 misdemeanor, penalties for owning a dangerous dog can include: 6 – 18 months in jail, and/or. Penalties for conviction of a Colorado class 1 petty offense can include: You will also be liable for restitution for the property damage, as set forth below. But the Colorado law's rationale sweeps rather too broadly. The real focus of the law's concern is, in other words, the owner, not the animal. No statute, and no reported cases. Mediation is not a trial. Other judges, however, may consider some of the child custody rules when determining a pet custody dispute. Failing to comply with local breed-specific laws can be seen as negligence. A judge may choose not to intervene in these situations, and decide to send the pet to a separate home instead of assigning custody. Restitution for the damaged property shall be in an amount equal to the greater of the fair market value or the replacement cost of such property before its destruction, plus any actual costs incurred in replacing such property. 4047 Tejon Street The Effects of Coronavirus/COVID-19 on Child Custody. If, however, you and your spouse purchased or adopted the pet after marriage (or obtained the pet jointly prior to marriage), the courts will determine custody as it would any other piece of property, in most cases. Studies also show the increase in pet ownership correlates to a decrease in younger generations … Restitution for a dead or injured domestic animal shall be equal to the greater of the fair market value or the replacement cost of the domestic animal on the date, but before the time, the animal was injured or destroyed, plus any reasonable and necessary medical expenses incurred in treating the animal and any actual costs incurred in replacing the injured or destroyed animal. Many couples getting divorced today treat their pets like their children – creating intense pet custody battles during Colorado divorce cases. A … However, some cities do require licensing for cats and dogs older than six months. Pet Waste. Restitution to the aggrieved party for doctor or vet bills, etc. civil lawsuit under Colorado’s dog bite laws. A hearing assistance dog should be able to hear a baby crying, or a phone ringing, and lead their owner to the source of the sound. Section 18-9-204.5 of the Colorado Revised Statutes makes it a crime to own or have any interest in, or control over, a dangerous dog. These are controversial laws. In 2017, Alaska became the first state to pass a law requiring courts to consider the animal’s interests in pet custody cases. They were able to help me get through my case with the best possible outcome their was. Hiring an attorney because of your pet may seem unnecessary, until you realize the chance of your pet going to neither you nor your spouse exists. Statute of limitations. How the courts treat your particular situation depends entirely on the judge, since no legal governance exists for such situations. Confine the dangerous dog in an escape-proof building or enclosure; Keep the dog under your control by use of a leash whenever the dog is outside of the building or enclosure; Post a conspicuous warning sign on the building or enclosure notifying others that a dangerous dog is housed in the building or enclosure; If the conviction is for a second or subsequent offense, muzzle the dangerous dog whenever it is outside of the building or enclosure; Report to the bureau of animal protection, in writing, any material change in the dangerous dog’s situation, including but not limited to a change, transfer, or termination of ownership, change of address, escape, or death; At your own expense, permanently identify the dangerous dog through the implantation of a microchip by a licensed veterinarian or a licensed shelter who will report the microchipping information to the bureau; Prior to the implantation of the microchip, pay a nonrefundable dangerous dog microchip license fee of fifty dollars to the bureau of animal protection; Prior to the dangerous dog receiving any service or treatment, disclose in writing to any provider of the service or treatment, including but not limited to a veterinary health care worker, dog groomer, humane agency staff person, pet animal care facility staff person, professional dog handler, or dog trainer, each acting in the performance of his or her respective duties, that the dangerous dog has been the subject of a conviction of a violation of this section; and. A mandatory fine of at least $250 (and possibly as much as $1,000), and. Punishment for owning a killer dog can include: If your dog kills a domestic animal, you have committed: For a first offense, penalties can include: But if it is your second or subsequent offense, you face: If you own a dangerous dog that damages or destroys the property of another person, you can be charged with a Colorado class 1 petty offense. Getting arrested for DUI does not mean you will be convicted. Now her heroin junkie owner wants her back. Editor's note: This is the second in a series of articles on pet ownership and divorce. You and your spouse can both present your cases, and the mediator will make a final suggestion as to how the issue should be resolved. The state’s equitable division rule will only apply to community, or marital, properties and assets. Proof of your position as the right choice may include demonstrating that you were the one who took primary care of the animal during the marriage. 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