Getting arrested for DUI does not mean you will be convicted. Here are a few laws in Colorado that dog owners should know about: State law requires a licensed veterinarian to sterilize an animal before adoption or … A judge may choose not to intervene in these situations, and decide to send the pet to a separate home instead of assigning custody. If your pet custody case does go before a judge, know that the courts will see your cat or dog like personal property, not like a child. And if you enter a guilty plea or are found guilty by a judge or jury of, or you receive a deferred judgment or deferred prosecution for, a violation that results in bodily injury, serious bodily injury, or death to a person, you will be responsible for restitution in the maximum amount permitted by law. Possible destruction of the dog by euthanasia. 155 East Boardwalk Drive,#400, Fort Collins, CO 80525, REQUEST A CONSULTATION ALL FIELDS REQUIRED*, COPYRIGHT © 2021 The Law Office of Stephen Vertucci | BLOG. Dog inflicts bodily injury upon a person, 3.1.2. Types of ordinances Each spouse will maintain ownership of his or her own separate properties. 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 Courts and Court Procedure Section 13-21-124. As a Colorado class 1 misdemeanor, penalties for owning a dangerous dog can include: Consequences of owning a dangerous dog as a Colorado class 6 felony can be as much as: If your dog kills a person, it is a Colorado class 5 felony. A second or subsequent violation for the same dog causing bodily injury to a person or death to a domestic animal. You commit a crime under 18-9-204.5 C.R.S. Court-order obligations to do or refrain from doing certain things, and/or. conviction, Penal Code 399.5 PC – owning a fight or attack dog in California, Colorado drug testing laws – 3 key things to know. An Update From Our Firm Regarding COVID-19 Colorado Dog Law Liability Statute. The law simply seeks to put legal muscle behind the idea that the loss of the animal may cause emotional distress to the owner. Separate vs. community property. Trials can be unpredictable, and you may end up losing custody of your pet altogether, rather than settling on a compromise with your ex-spouse. Colorado Revised Statutes Title 13. Consequences of owning a dangerous dog as a Colorado class 6 felony can be as much as: 1 – 1 ½ years in prison (with 1-year mandatory parole), and/or. If you are convicted of owning a dangerous dog pursuant to 18-9-204.5 C.R.S., the court will order you to: The court shall order that a dangerous dog be immediately confiscated and placed in a public animal shelter at your expense. Owners must comply with all laws related to dog ownership, including the laws that outlaw certain breeds. if you are the owner of a dangerous dog. 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. However, some cities do require licensing for cats and dogs older than six months. In our first article, we looked at how owners can avoid making a pet a pawn in the divorce process. 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. Studies show that pet ownership has increased in the last few decades. Injures or kills a person or domestic animal; or, Demonstrates tendencies that would cause a reasonable person to believe that the dog might injure or kill a person or domestic animal; or. 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. Colorado Legal Defense Group was a great resource for legal help. This section imposes strict liability on owners when their dog bites a person who is lawfully on public or private property. 3. Colorado law is clear: pets are not regarded as children – irrespective of how attached owners may be. In 2017, Alaska became the first state to pass a law requiring courts to consider the animal’s interests in pet custody cases. You can only be the “guardian” of a dog. Many couples getting divorced today treat their pets like their children – creating intense pet custody battles during Colorado divorce cases. To learn the best defense to your Colorado charges of owning a dangerous dog, we invite you to contact us for a free consultation. The courts will determine pet custody on a case-by-case basis. Since the first National Pet Owners Survey in 1988, pet ownership has gone up by 12%, from 56% of U.S. households to 68% in 2018. Restitution to the aggrieved party for doctor or vet bills, etc. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Statute of limitations. Breed safety laws :: Over 900 U.S. cities have enacted breed-specific legislation and wolf-dog hybrid laws. 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. The courts will not split community property down the middle, in a 50/50 division. Restitution for damages to another person, animal or property, Court-ordered obligations to do or refrain from doing certain things, and. 4047 Tejon Street What is the license suspension for underage DUI in Colorado? Couples will have the option to arrange their own pet custody agreement before a judge intervenes. illegal animal fighting under 18-9-204 C.R.S. Copyright © 2020 Colorado Legal Defense Group. up to 6 adult dogs or cats, or any combination Adult animal is defined as any dog or cat over the age of 4 months. 1. No dog is allowed to be in a public place without its master on a leash in Belvedere, California. Please attach copies of any citations or booking documents. The Bureau of Land Management has granted permission for dogs to be off leash, but under voice control by an owner, in some areas. 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. 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. A vast majority of cities in the United States now have local ordinances in place that … The bill imposes a statewide requirement that all dogs and cats that are 4 months old or older be vaccinated against rabies. Engages in or is trained for animal fighting. What If My Spouse Evades Service of the Divorce Papers? Updated October 21, 2020 CRS 13-21-124 is the Colorado statute that governs dog bites. The statute of limitations for a dog bite (or other injury caused by a dog) in … Town of Monument. You have a previous conviction for owning a dangerous dog. This law requiring all public signage to call dog owners “guardians” is the result of animal rights activist calling for reform in the rhetoric surrounding pet relationships. (303) 222-0330, Colorado Legal Defense Group › Criminal Defense › Criminal Laws A-Z › Dangerous Dog Ownership. Studies show that pet ownership has increased in the last few decades. THE REPRESENTATION YOU NEED IN ORDER TO PROTECT YOUR FAMILY, Posted in Divorce,Separation on March 15, 2019. Mediation can help you resolve a pet custody battle without needing to take your case to court. 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. The courts will always try to approve divorce arrangements a family creates before intervening. Period. For purposes of 18-9-204.5 C.R.S., an “owner” is any person, firm, corporation, or organization owning, possessing, harboring, keeping, having financial or property interest in, or having control or custody of an animal. Failing to comply with local breed-specific laws can be seen as negligence. It’s important to note that also included in the legislation requiring references to dog “guardians” is in no way giving the dogs more rights, or their owners fewer. There is no Colorado law setting forth a standard on how to treat pets in a divorce proceeding. 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. Guide dogs should be able to lead a blind person through traffic. Consequences of owning a dangerous dog, 3.1.1. 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. 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 you are convicted of owning a dangerous dog pursuant to Colorado 18-9-204.5 C.R.S., the court will order you to pay restitution to the other party or parties involved. This makes the matter somewhat unclear and unpredictable. Colorado does not have any specific pet custody laws. 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. Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. Try to come to an agreement together, with help from lawyers and mediators. For cases in California, please see our article on Penal Code 399.5 PC – owning a fight or attack dog in California. 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. 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. Code of Colorado Regulations 2 6. cat breeder facility: any firm, person, or corporation that is engaged in the operation of breeding and raising cats and that produces more than three litters of kittens or transfers more than 24 cats per 12-month period. A fine of $500-$5,000. Colorado residents should keep in mind that every county has different dog laws and laws concerning pet ownership. El Paso County. The real focus of the law's concern is, in other words, the owner, not the animal. 1 Answer | Asked in Animal / Dog Law for Colorado on Jul 20, 2020 Q: I have taken care of a dog for 3 years. If custody of your pet post-divorce is important to you, hire a divorce attorney to represent you during mediation or a divorce trial. In certain areas of Colorado, it is illegal to own a pit bull or other breeds. View model and noted breed-specific ordinances and mandatory pit bull spaying and neutering ordinances. The owner remains liable even if the dog never bit someone or displayed violent tendencies previously. They are instead considered as personal property, another asset, which means they are governed by the law of equitable distribution of assets. You may not see your pet as just another piece of owned property, but that is how the Colorado legal system views it. Dog inflicts serious bodily injury upon a person, 3.3. 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." Studies also show the increase in pet ownership correlates to a decrease in younger generations … Before you adopt, here’s what you need to know: Laws Concerning Cats and Dogs in Colorado All cats and dogs over the age of six months must be licensed by the county you live in. In this article, author Steven May outlines some of the commonsense steps you can take to make sure you have an ongoing role in your pet's life should you face a divorce. Other judges, however, may consider some of the child custody rules when determining a pet custody dispute. Equitable distribution rules. The state’s equitable division rule will only apply to community, or marital, properties and assets. Your attorney can set up witnesses to testify to your care of the pet, as well as collect evidence such as vet bills. The Colorado dog bite statute, found in Colorado Statutes section 13-21-124, imposes strict liability on dog owners for any injury caused by that dog. You didn’t know the dog was dangerous and the dog attacked a groomer or veterinary worker. civil lawsuit under Colorado’s dog bite laws. Here is a breakdown of how property division works in Colorado. 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. 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. How the court makes marital property decisions. Such situations include (but are not limited to): 18-9-204.5 C.R.S. See Proving a Dangerous Propensity in Colorado. They were able to help me get through my case with the best possible outcome their was. Licenses are good for one year. Denver, CO 80211 Call us 24/7 Your lawyer may be able to prove to a judge that you are the owner that will do what is best for the animal. As a Colorado class 1 misdemeanor, penalties for owning a dangerous dog can include: 6 – 18 months in jail, and/or. Some believe they are a perfectly reasonable response to the risks posed by certain breeds of dogs that may have a tendency to be aggressive, while others belief they are ineffective and violate dog owners’ rights. The Colorado dog bite statute is for cases where the victim cannot prove the elements of the "one bite rule." Whether the dog attacks a human, another animal or property, How serious an injury (if any) the dog causes, and. Since the first National Pet Owners Survey in 1988, pet ownership has gone up by 12%, from 56% of U.S. households to 68% in 2018. If your case does proceed to trial, a lawyer can state your claim to the pet through property division and/or custody laws. What is considered a dangerous dog in Colorado? How Can Social Media Affect My Divorce Claim? No statute, and no reported cases. The Effects of Coronavirus/COVID-19 on Child Custody. 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. 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. Owning a dangerous dog can be either a misdemeanor in Colorado or a felony in Colorado. Instead, the courts will typically allot a greater portion of shared assets to the higher-earning spouse in the relationship. These Colorado laws concern liens on pet animals for persons who are entrusted with caring for the animals. defines a “dangerous dog” as any domesticated animal related to the fox, wolf, coyote, or jackal that: “Bodily injury” means any physical injury that results in severe bruising, muscle tears, or skin lacerations requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery. Inflicts bodily or serious bodily injury upon or causes the death of a person or domestic animal; or, Demonstrates tendencies that would cause a reasonable person to believe that the dog may inflict bodily or serious bodily injury upon or cause the death of any person or domestic animal; or. The owner will likely be held liable, whether or … all dogs and cats over the age of 4 months. 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. 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. These laws help to protect emotional support animals and their owners in getting fair housing and access to air travel. If you and your ex-spouse cannot work it out alone, consider hiring a mediator to help with negotiations. Separate property is any and all assets either spouse possessed prior to the date of marriage. Studies also show the increase in pet ownership correlates to a decrease in younger generations having children. Punishment for owning a dangerous dog can be in the form of: Which of these (and in what amounts) depends on whether: If your dog injures a person, you are guilty of: As a class 3 misdemeanor, owning a dangerous dog can be punished by: Penalties for a second or subsequent offense can include: If your dog inflicts serious bodily injury on a person, you have committed a class 1 misdemeanor if it is your first offense. Whether it is your first or a subsequent offense. If you or someone you know has been accused of owning a dangerous dog, we’ll fight vigorously to keep you and your dog together. Now her heroin junkie owner wants her back. if: In addition, as long as your dog has not engaged in or been trained for animal fighting, it is an affirmative defense to charges of owning a dangerous dog that: At the Colorado Legal Defense Group, our animals are part of our families. If you are currently facing a potential pet custody battle with your spouse during a divorce case, focus on what is best for your pet. 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. “Serious bodily injury” means bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree. Please check with the Bureau of Land Management for dog rules specific to the area you are visiting. 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