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Dog bite - legal question

Approx. 4 months ago, my 7 year old son and i were at my girlfriend's home. He was playing with the other children and was acting hyper like a normal 7 year old. he was bit by their dog when he lunged at the 13 year old daughter in order to see what she had in her hand (piece of food) and was bit on the arm. We immediately took him to the emergency room and i explained the situation to my ex wife. the ex seemed concerned, but didn't demand anything at the time. Since then, my girlfriend and i have gotten engaged and my son and I have moved in with her and her 3 daughters. There have been no other incidents with the dog since, but yesterday I received court papers stating that I am not allowed to bring my son to any property that the dog is on. This was an order to show cause - enforceable immediately and in effect until the court date 1 month from now. there's no way I'm going to give up my relationship or my custody and noone wants to get rid of the dog. what should i do?


Asked by Member 995324 on Jul 2nd 2010 Tagged bite, restrainingorder, custody in Other Laws & Legislation
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Guest

Go and tell the truth. It was not an intentional bite, the dog got your son while going for some food. An intentional bite is not a sign of a dangerous dog. In fact, if you trust your dog, ask the judge to order a behavioral test. In the mean time, let the dog stay somewhere else for a while. Maybe with another family member or a friend. 1 month isn't long enough for the dog to forget you, and you could visit to see the dog while following the law to "keep your son safe".


Member 597336 answered on 7/2/10. Helpful? Yes/Helpful: No 0 Report this answer


Guest

Not sure how long you've been divorced or how amicable you are with her, but it sounds a bit like a bit of "ha-ha, I found a way to get you where it hurts." My divorce agreement states it is the ultimate & binding document for all issues pertaining to the marriage/separation. I think you should call your lawyer to discuss the ramifications of the order & talk to your ex to find out the real underlying issue here. I would not violate the order...this gives the ex ammunition to use in court. Can you stay with friends/relatives until this is resolved?


Member 904338 answered on 7/2/10. Helpful? Yes/Helpful: No 0 Report this answer


Dieta

Your ex has the right to petition the court if she feels the children are in danger. Unfortunely, the judge must hear both sides and make a ruling. Biting dogs are a serious offense and the ruling may be in not your favor in the end.
I would make a valid attempt to enroll these dogs in an obedience school immediately and have some progress notes taken by a trainer and have the dog evaluated by your own behaviorist now instead of waiting for the court to order the dogs to be taken, uthanized, or evaulated by someone who does not know how to. It would be better for you to take the dogs then to have a strange take the dogs from your home and make them scared.
Doing something is way better now then to wait.
I'm sorry but if it were my children I would do the same. She is doing what is best for the children.
No dog should be left alone with kids for even one minute.
If the dogs are lunging at them, there is a problem.
If they are lunging while eating the dogs don't need to be around


Dieta answered on 7/2/10. Helpful? Yes/Helpful: No 3 Report this answer