QUESTION

What options do I have regarding ownership of the dog and the impending charges on the case?

Asked on Oct 12th, 2014 on Family Law - Florida
More details to this question:
I have been in a same sex relationship with my girlfriend on and off for about 10 months now. Things have gotten abusive more than once and recently I had to call the police department to respond. She was arrested and charged with battery or strike (DV). We have an adorable 1 year old puppy together that we are equally caring for, switching off every Sunday. She is the the one who purchased the dog and I am afraid she will try to take the dog legally and forcefully. She is abusive of me as well as the dog, but I have no idea how to prove this. What options do I have with the case moving forward as far as ownership of the dog and the impending charges on the case? Is there a need to still file for a restraining order in addition to the terms of her bond given by the judge which was to stay away from any contact with me, including my residence?
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3 ANSWERS

John Arthur Smitten
If there is a criminal case no contact order then that should be ok. As to the dog whomever is the title owner gets the dog unless you can work something out. Use of a lawyer is recommended.
Answered on Oct 14th, 2014 at 4:55 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Options? What options can you think of? Give the dog to her or not. She bought the dog, right? Do you think you can get a restraining order for the dog?
Answered on Oct 14th, 2014 at 4:46 PM

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This dilemma is, unfortunately, not unusual. The most important thing is to make sure you are safe. Though you don't make it completely clear, in most criminal cases involving domestic violence, the criminal court imposes a no contact order as a condition of release or bond. The question of whether or not to pursue a civil restraining order can be difficult, because it may potentially impact their criminal case and create other difficulties and complications if you reconcile. On the other hand, if the situation was serious enough for you to call law enforcement and for them to make an arrest, then you should probably seek a civil restraining order. As for the dog, pets are generally considered personal property in FL, and are typically considered to be the "property" of the person(s) that purchased them. If your partner actually purchased the puppy, and it is their name on the bill of sale, receipt, or other papers of purchase, then it may be deemed theirs. On the other hand, if you also paid for the puppy, or you are the person identified as the owner on the county license, and on the vet's paperwork, you may have a persuasive argument that you are the owner. These types of issues are very fact intensive, so you should consult with an attorney about the specific facts of your situation and your options.
Answered on Oct 14th, 2014 at 4:45 PM

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