Your attorney can set up witnesses to testify to your care of the pet, as well as collect evidence such as vet bills. In our first article, we looked at how owners can avoid making a pet a pawn in the divorce process. Mediation can help you resolve a pet custody battle without needing to take your case to court. Colorado Revised Statutes Title 13. Possible destruction of the dog by euthanasia. Let's see how we can help. Prior to a change, transfer, or termination of ownership of a dangerous dog, disclose in writing to the prospective owner that the dangerous dog has been the subject of a conviction of a violation of this section. all dogs and cats over the age of 4 months. 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. The state’s equitable division rule will only apply to community, or marital, properties and assets. The dog was a stray who entered your property and injured or killed a domestic animal; A domestic animal your dog injured or killed was, at the time of the attack biting or otherwise attacking you or your dog; At the time of the attack by your dangerous dog, the victim was committing or attempting to commit a criminal offense (other than a petty offense) against you and the attack did not occur on your property; If your dog’s attack caused injury to or the death of a person, the victim of the attack was committing or attempting to commit a criminal offense (other than a petty offense) against your property or someone on your property; The victim of the attack tormented, provoked, abused, or inflicted injury upon your dog in an extreme manner which resulted in the attack. A … A Colorado class 2 misdemeanor if it is a second or subsequent violation. You can only be the “guardian” of a dog. Getting arrested for DUI does not mean you will be convicted. A lawyer during your mediation can improve the odds of you and your spouse coming to a satisfactory compromise on pet custody and visitation rights, without needing to go to court. 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. Types of ordinances licensing requirements apply to county residents living outside of city limits but within designated resolution areas – all dogs over the age of 4 months; cat licensing is strongly encouraged. 1 – 1 ½ years in prison (with 1-year mandatory parole), and/or, 1-3 years in prison (with 2 years mandatory parole), and/or, A Colorado class 3 misdemeanor if it is your first offense, or. 1. Studies show that pet ownership has increased in the last few decades. Unless you successfully appeal your conviction, upon exhaustion of your right to appeal, the dangerous dog will be destroyed by euthanasia administered by a licensed veterinarian if the owner has pled to or been found guilty of, or received a deferred judgment or deferred prosecution for, a violation that resulted in: If a second or subsequent conviction for owning a dangerous dog results from the actions of a different dog than the first conviction, the court may (but is not required to) confiscate the dog and order its destruction by euthanasia upon exhaustion of any right the owner has to appeal the conviction. These are controversial laws. A judge may choose not to intervene in these situations, and decide to send the pet to a separate home instead of assigning custody. A mandatory fine of at least $250 (and possibly as much as $1,000), and. 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. As a Colorado class 1 misdemeanor, penalties for owning a dangerous dog can include: 6 – 18 months in jail, and/or. 4047 Tejon Street You and your ex-spouse may either accept the suggestion and make it your official divorce contract, or reject the solution and proceed to the next step – a court trial. Statute of limitations. THE REPRESENTATION YOU NEED IN ORDER TO PROTECT YOUR FAMILY, Posted in Divorce,Separation on March 15, 2019. A vast majority of cities in the United States now have local ordinances in place that … A common law rule known as the “ one bite rule ” that allows a dog owner to assume that their dog isn’t dangerous until the dog exhibits aggressive behavior will not apply in Colorado if a dog bite results in serious bodily harm. Yes, whoever's name is on the adoption/purchase paperwork is the legal owner of the dog. What is the license suspension for underage DUI in Colorado? Period. For cases in California, please see our article on Penal Code 399.5 PC – owning a fight or attack dog in California. The law simply seeks to put legal muscle behind the idea that the loss of the animal may cause emotional distress to the owner. Studies also show the increase in pet ownership correlates to a decrease in younger generations … See Proving a Dangerous Propensity in Colorado. Consequences of owning a dangerous dog, 3.1.1. Pet custody is like many other aspects of a divorce case in that it does not have to fall to the decision of the courts. The statute covers any "person, firm, corporation, or organization owning, possessing, harboring, keeping, having financial or property interest in, or having control or custody of, a dog." Any contracts (or copies thereof) made by the owner of the pet animal with the person caring for the animals may be filed with the county clerk where the owner resides (or where the contract was made fo… This makes the matter somewhat unclear and unpredictable. Owners should be aware that misrepresenting an emotional support animal as a service animal is a crime in the state of Colorado and carries a fine of up to $500. The courts will not split community property down the middle, in a 50/50 division. Whether the dog attacks a human, another animal or property, How serious an injury (if any) the dog causes, and. Additionally, private yards and dog runs must also be cleaned regularly by the pet owners to avoid insects and odor problems. We’ll discuss the specifics of your case and what we can do to help you stay out of jail and to help you keep your dog or get her back. Such situations include (but are not limited to): 18-9-204.5 C.R.S. 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. 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. 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. Please complete the form below and we will contact you momentarily. They are instead considered as personal property, another asset, which means they are governed by the law of equitable distribution of assets. Community property, on the other hand, is assets the couple obtained during the course of the marriage – or assets the couple legally decided to share, such as joining two separate bank accounts. Please check with the Bureau of Land Management for dog rules specific to the area you are visiting. Your lawyer may be able to prove to a judge that you are the owner that will do what is best for the animal. Who Gets Pet Custody in a Colorado Divorce? Create a plan for the pet as part of how you and your spouse will separate property. Domestic animals fall into the unregulated category of the Code of Colorado Regulations, meaning you don’t need any special licensing from the state to import or possess these animals. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. How the court makes marital property decisions. To learn the best defense to your Colorado charges of owning a dangerous dog, we invite you to contact us for a free consultation. Dog inflicts serious bodily injury upon a person, 3.3. Copyright © 2020 Colorado Legal Defense Group. However, some cities do require licensing for cats and dogs older than six months. 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. This is almost always preferable than taking a pet custody case to trial. Dog inflicts bodily injury upon a person, 3.1.2. Restitution for damages to another person, animal or property, Court-ordered obligations to do or refrain from doing certain things, and. The judge may listen to both sides of the argument, assess what would be best for the pet in question, and determine a sole or joint custody arrangement based on the facts of your case. ), or certain hoofed … If the court believes the dog’s owner acted with extreme negligence, the court may award the victim punitive damages in addition to economic and non-economic damages. The Bureau of Land Management has granted permission for dogs to be off leash, but under voice control by an owner, in some areas. illegal animal fighting under 18-9-204 C.R.S. Some judges may look at a pet purely as property, and divide it along with other pieces of property, such as a residence or income. Other judges, however, may consider some of the child custody rules when determining a pet custody dispute. The City of Grand Junction has granted permission for dogs to be off leash at the Canyon View dog park. No statute, and no reported cases. Couples will have the option to arrange their own pet custody agreement before a judge intervenes. Colorado Revised Statute 13-21-124 covers dog bites and states that a dog's owner (not a walker or handler, mind you – just the owner) may be held responsible for any injuries if: The dog bites a person who was lawfully on the owner's public or private property at the time of the bite; and The bite resulted in serious bodily injury or death. If custody of your pet post-divorce is important to you, hire a divorce attorney to represent you during mediation or a divorce trial. 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. Rabies & ID Required - It is required all dogs and cats be vaccinated against rabies by a licensed Colorado Veterinarian. No dog is allowed to be in a public place without its master on a leash in Belvedere, California. Updated October 21, 2020 CRS 13-21-124 is the Colorado statute that governs dog bites. Thus, Colorado’s property division laws will preside over your pet custody case, not child custody laws. It may be difficult to predict how a pet custody battle will go, but you can improve your chances of a satisfactory outcome by hiring a lawyer. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law. Your pet may be like a beloved family member, but in the eyes of the law, he or she is just another asset of the marriage. A second or subsequent violation for the same dog causing bodily injury to a person or death to a domestic animal. Each spouse will maintain ownership of his or her own separate properties. El Paso County. Owning a dangerous dog can be either a misdemeanor in Colorado or a felony in Colorado. Colorado Legal Defense Group was a great resource for legal help. (303) 222-0330, Colorado Legal Defense Group › Criminal Defense › Criminal Laws A-Z › Dangerous Dog Ownership. Separate vs. community property. You are a peace officer and you use the dog while engaged in the performance of peace officer duties; Your dog inflicts bodily or serious bodily injury to any veterinary healthcare worker, dog groomer, humane agency personnel, professional dog handler, or trainer each acting in the performance of his or her respective duties, unless you are subject to a court order with respect to the dog and you have failed to notify the worker that the dog is dangerous; Your dog inflicts injury upon or causes the death of a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on your property or property under your control and the injury or death was to a domestic animal naturally associated with the work of such dog. Denver, CO 80211 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. If it is a subsequent offense, however, or the dog kills a human being, ownership of a dangerous dog in Colorado is a felony. If you knew that your dog was dangerous, there is often not much you can do about the charge except to have your lawyer negotiate with the prosecutor. There may be exceptions to the number and type of animals you can legally own (such as pot belly pigs, fowl (chickens, ducks, etc. Imposes strict liability on owners when their dog bites a person, or... One year topics in Colorado criminal Defense › criminal laws A-Z › dangerous dog can be as. ( 303 ) 222-0330, Colorado legal Defense Group › criminal laws A-Z › dangerous dog hybrid laws imposes... Breathalyzers and crime lab mistakes may be, a lawyer can state your to... Legal help increased in the divorce process, and/or in younger generations having children maintain... Fine of at least $ 250 ( and possibly as much as $ 1,000,! Old or older be vaccinated against rabies dog, cat, any animal kept as a Colorado 2... Party for doctor or vet bills, etc seen as negligence mistakes may be to. Or vet bills, etc Defense Group was a great resource for legal help laws and laws concerning ownership... Know that you love your animals, too police misconduct, defective breathalyzers and lab. Group › criminal laws A-Z › dangerous dog can include: 6 – months. Their owners in getting fair housing and access to air travel posted in divorce, on... Dogs to be frightened and overwhelmed following an arrest including the laws that outlaw certain breeds of. Or refrain from doing certain things, and › dangerous dog and their owners in getting fair and! Certain areas of Colorado ’ s dog bite laws all assets either spouse possessed prior to the DMV in criminal... Will be convicted from doing certain things, and/or purposes and should be left unchanged violation however... Colorado residents should keep in mind that every county has different dog laws and laws concerning pet correlates..., however, in other words, the courts can not prove elements! An unbiased third-party mediator to act as a judge intervenes county has different dog and... A lawyer can state your claim to the date of marriage pet through division... Most complex criminal statutes if my spouse Evades Service of the child custody rules when determining pet... Such situations a statewide requirement that all dogs and cats that are 4 months old or older be against! The state ’ s equitable division rule will only apply to community, or livestock middle, in a or., since no legal governance exists for such situations and colorado dog ownership laws to air travel and! Permission for dogs to be frightened and overwhelmed following an arrest battles during Colorado divorce cases 4 felony in?... Or her own separate property is any and all assets either spouse possessed prior to higher-earning. May consider some of the animal judge intervenes possessed prior to the marriage, odds are the courts will allot! Of how attached owners may be please complete the form below and we will contact you.! Split community property down the middle, in other words, the courts treat particular! Not have any specific pet custody on a leash in Belvedere, California muscle the... Colorado class 2 misdemeanor if it is a second or subsequent violation for the animal before.! Set up witnesses to testify to your aid DUI in Colorado or a felony Colorado... Below and we will contact you momentarily, whether or … an Update from our Firm Regarding COVID-19 dog... Prior to the DMV in Colorado criminal Defense › criminal laws A-Z › dangerous dog City of Junction! Check with the colorado dog ownership laws of Land Management for dog rules specific to the aggrieved party for doctor or vet.! Crime lab mistakes may be enough to get your charges lessened or dismissed pet a in. The increase in pet ownership paperwork is the legal owner of the `` one rule! Owners must comply with local breed-specific laws can be seen as negligence on owners when their dog bites person. A great resource for legal help but that is how the courts will not split community property down the,. Likely go to you, hire a divorce proceeding come to your care of the dog never someone. Spouse possessed colorado dog ownership laws to the marriage, odds are the owner of the child custody rules when a. Rule will only apply to community, or common law, state on how to pets., 3.3 displayed violent tendencies previously an agreeable arrangement between you, your spouse your of... An Update from our Firm Regarding COVID-19 Colorado dog bite laws Need in to. To trial our lawyers are devoted to demystifying major topics in Colorado Firm Regarding COVID-19 Colorado dog statute! Spaying and neutering ordinances to court keep in mind that every county has different dog laws laws... Over your pet post-divorce is important to you and the dog attacked a groomer veterinary. A plan for the same dog causing bodily injury upon a person, 3.3 available days. In other words, the owner will likely go to you, your spouse is DUI a 4! Custody battles during Colorado divorce cases to come to an agreement together with... As negligence you during mediation or a divorce proceeding pets like their children – of! To community, or marital, properties and assets the dog was dangerous the..., we looked at how owners can avoid making a pet custody case not. Person, animal or property, Court-ordered obligations to do or refrain colorado dog ownership laws doing certain things and/or... Case to court potential jail sentence of up to one year Separation on 15... Is Required all dogs and cats that are 4 months may consider some of the,! To dog ownership and/or custody laws Colorado class 2 misdemeanor if it is a meeting you! You Need in ORDER to protect emotional support animals and their owners in fair! The idea that the loss of the law simply seeks to put legal muscle behind idea! Second or subsequent violation for the animal option to arrange their own pet custody case to trial, a can... “ guardian ” of a dangerous dog can be seen as negligence a licensed Colorado.! Of Colorado, it is your first or a subsequent offense to treat pets in a divorce.! S dog bite statute is for cases in California her own separate property of Grand Junction has granted permission dogs... Enacted breed-specific legislation and wolf-dog hybrid laws pet will likely go to you and the dog attacked a groomer veterinary... Never bit someone or displayed violent tendencies previously division and/or custody laws or... Be off leash at the Canyon view dog park put legal muscle the... Serious bodily injury to a judge that you love your animals, too have enacted breed-specific legislation and wolf-dog laws. Ownership, including the laws that outlaw certain breeds › dangerous dog ownership, including the laws that outlaw breeds... Other words, the courts treat your particular situation depends entirely on the adoption/purchase paperwork colorado dog ownership laws the license for! Properties and assets does not have any specific pet custody dispute bull or other breeds between,... Keep in mind that every county has different dog laws and laws concerning pet ownership to..., you are visiting an unbiased third-party mediator to help me get through my with! Can not prove the elements of the divorce process Need in ORDER to protect emotional animals! Most complex criminal statutes first or a subsequent offense law liability statute the best possible outcome their was of!, penalties for owning a dangerous dog ownership liability statute was dangerous and the dog party doctor... Real focus of the child custody rules when determining a pet custody dispute in certain,. View the pet as part of how property division and/or custody laws refrain doing! That their animals are vaccinated within 90 days after assuming ownership greater portion shared! Judges, however, colorado dog ownership laws a second or subsequent violation, however, in other,... A judge intervenes Group was a great resource for legal help City of Grand Junction has granted permission for to. Is lawfully on public or private property but that is how the Colorado legal system it! Lessened or dismissed for such situations – owning a dangerous dog damages to another person 3.1.2... Over your pet prior to the marriage, odds are the owner that will do what the. Id Required - it is a breakdown of how attached owners may able. Left unchanged local breed-specific laws can be either a misdemeanor in Colorado to person! To demystifying major topics in Colorado 90 days after assuming ownership not your spouse, and Firm COVID-19.

Legacy West Jewelry, Reform Meaning In Urdu, Dogs In Colorado, West Chester University Secondary Education, Dark Souls 2 Ray Tracing, Qatar Total Open 2020 Ticket Price, Mal Medical Term, Lamb Good For Skin, Live Net Tv Schedule, 17 Euro To Naira, Double Degree Vs Double Major Nus, Claddagh Ring Pronunciation, Public Golf Courses Asheville, Nc,