Let's see how we can help. 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. Instead, the courts will typically allot a greater portion of shared assets to the higher-earning spouse in the relationship. Studies also show the increase in pet ownership correlates to a decrease in younger generations … Types of ordinances This … This section imposes strict liability on owners when their dog bites a person who is lawfully on public or private property. Studies also show the increase in pet ownership correlates to a decrease in younger generations having children. It is normal to be frightened and overwhelmed following an arrest. These Colorado laws concern liens on pet animals for persons who are entrusted with caring for the animals. 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. Dog and cat owners must ensure that their animals are vaccinated within 90 days after assuming ownership. if you are the owner of a dangerous dog. 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. 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. Consequences of owning a dangerous dog, 3.1.1. You commit a crime under 18-9-204.5 C.R.S. Your lawyer may be able to prove to a judge that you are the owner that will do what is best for the animal. 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. 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. 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. In certain areas of Colorado, it is illegal to own a pit bull or other breeds. El Paso County. Updated October 21, 2020 CRS 13-21-124 is the Colorado statute that governs dog bites. 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. 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. “Domestic animal” means any dog, cat, any animal kept as a household pet, or livestock. This is almost always preferable than taking a pet custody case to trial. 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. Separate vs. community property. They are instead considered as personal property, another asset, which means they are governed by the law of equitable distribution of assets. Owning a dangerous dog can be either a misdemeanor in Colorado or a felony in Colorado. An Update From Our Firm Regarding COVID-19 Colorado Dog Law Liability Statute. 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. Many couples getting divorced today treat their pets like their children – creating intense pet custody battles during Colorado divorce cases. 155 East Boardwalk Drive,#400, Fort Collins, CO 80525, REQUEST A CONSULTATION ALL FIELDS REQUIRED*, COPYRIGHT © 2021 The Law Office of Stephen Vertucci | BLOG. Such situations include (but are not limited to): 18-9-204.5 C.R.S. 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. 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. The Effects of Coronavirus/COVID-19 on Child Custody. The courts will not split community property down the middle, in a 50/50 division. 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 judge may choose not to intervene in these situations, and decide to send the pet to a separate home instead of assigning custody. How the court makes marital property decisions. 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. No dog is allowed to be in a public place without its master on a leash in Belvedere, California. 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. Colorado does not have any specific pet custody laws. Period. 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… These laws help to protect emotional support animals and their owners in getting fair housing and access to air travel. View model and noted breed-specific ordinances and mandatory pit bull spaying and neutering ordinances. 2. Who is responsible for a dangerous dog? There is no Colorado law setting forth a standard on how to treat pets in a divorce proceeding. Visit our page on Colorado DUI Laws to learn more. What is the license suspension for underage DUI in Colorado? 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. You may also have attorneys present, if desired. First, try to work out an agreeable arrangement between you and the other pet parent. Your attorney can set up witnesses to testify to your care of the pet, as well as collect evidence such as vet bills. If your case does proceed to trial, a lawyer can state your claim to the pet through property division and/or custody laws. 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. The Colorado dog bite statute is for cases where the victim cannot prove the elements of the "one bite rule." Neither spouse should use a pet to hurt or manipulate the other spouse. As a Colorado class 1 misdemeanor, penalties for owning a dangerous dog can include: 6 – 18 months in jail, and/or. 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. Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. A … What If My Spouse Evades Service of the Divorce Papers? These are controversial laws. The owner will likely be held liable, whether or … When is DUI a class 4 felony in Colorado? The bill imposes a statewide requirement that all dogs and cats that are 4 months old or older be vaccinated against rabies. You may not see your pet as just another piece of owned property, but that is how the Colorado legal system views it. If you and your ex-spouse cannot work it out alone, consider hiring a mediator to help with negotiations. 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. A second or subsequent violation for the same dog causing bodily injury to a person or death to a domestic animal. You are not guilty under 18-9-204.5 C.R.S. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law. The state’s equitable division rule will only apply to community, or marital, properties and assets. Getting arrested for DUI does not mean you will be convicted. THE REPRESENTATION YOU NEED IN ORDER TO PROTECT YOUR FAMILY, Posted in Divorce,Separation on March 15, 2019. Your judge, for example, may examine what is in the best interests of the pet to determine whether you or your spouse should have custody. Colorado law is clear: pets are not regarded as children – irrespective of how attached owners may be. 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. 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. If custody of your pet post-divorce is important to you, hire a divorce attorney to represent you during mediation or a divorce trial. 1 Answer | Asked in Animal / Dog Law for Colorado on Jul 20, 2020 Q: I have taken care of a dog for 3 years. Additionally, private yards and dog runs must also be cleaned regularly by the pet owners to avoid insects and odor problems. 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. Restitution to the aggrieved party for doctor or vet bills, etc. 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. 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. If it is a subsequent offense, however, or the dog kills a human being, ownership of a dangerous dog in Colorado is a felony. 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. See Proving a Dangerous Propensity in Colorado. You didn’t know the dog was dangerous and the dog attacked a groomer or veterinary worker. If you owned your pet prior to the marriage, odds are the courts will view the pet as your own separate property. Restitution for damages to another person, animal or property, Court-ordered obligations to do or refrain from doing certain things, and. 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. 3. The real focus of the law's concern is, in other words, the owner, not the animal. The statute of limitations for a dog bite (or other injury caused by a dog) in … However, in certain cases, you are not liable for an attack. 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. The law simply seeks to put legal muscle behind the idea that the loss of the animal may cause emotional distress to the owner. You have a previous conviction for owning a dangerous dog. 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. Punishment depends on: Consequences of owning a dangerous dog can include: As an example, a first dangerous dog offense arising from an injury to a domestic animal or a non-serious injury to a person can be punished by: Note that a victim can also file a civil lawsuit under Colorado’s dog bite laws. The vaccination must be done within 30 days of pet acquisition. The owner remains liable even if the dog never bit someone or displayed violent tendencies previously. ), or certain hoofed … 4047 Tejon Street Thus, Colorado’s property division laws will preside over your pet custody case, not child custody laws. In general, the courts cannot touch separate property. Who Gets Pet Custody in a Colorado Divorce? (303) 222-0330, Colorado Legal Defense Group › Criminal Defense › Criminal Laws A-Z › Dangerous Dog Ownership. Engages in or is trained for animal fighting. Yes, whoever's name is on the adoption/purchase paperwork is the legal owner of the dog. The courts will always try to approve divorce arrangements a family creates before intervening. Separate property is any and all assets either spouse possessed prior to the date of marriage. 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. Pet Waste. While most courts will award custody based on who is determined to be the animal’s legal owner, this is not always the case. Do I Need to Report an Accident to the DMV in Colorado? 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. Please complete the form below and we will contact you momentarily. 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. A fine of $500-$5,000. 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." Each spouse will maintain ownership of his or her own separate properties. Court-order obligations to do or refrain from doing certain things, and/or. Copyright © 2020 Colorado Legal Defense Group. It is a meeting between you, your spouse, and an unbiased third-party mediator to act as a judge. But the Colorado law's rationale sweeps rather too broadly. Owners must comply with all laws related to dog ownership, including the laws that outlaw certain breeds. 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. A vast majority of cities in the United States now have local ordinances in place that … 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. all dogs and cats over the age of 4 months. Other judges, however, may consider some of the child custody rules when determining a pet custody dispute. 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. Courts and Court Procedure Section 13-21-124. 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. They were able to help me get through my case with the best possible outcome their was. “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. To learn the best defense to your Colorado charges of owning a dangerous dog, we invite you to contact us for a free consultation. For cases in California, please see our article on Penal Code 399.5 PC – owning a fight or attack dog in California. 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. Call and tell us your situation. The majority rule in the U.S., including Colorado, is summed up in the words of one treatise: “At common law, people have a martial right to property and this includes the right to ownership, control and absolute possession of pets.” civil lawsuit under Colorado’s dog bite laws. Custody of the pet will likely go to you and not your spouse. 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 The courts will determine pet custody on a case-by-case basis. How the courts treat your particular situation depends entirely on the judge, since no legal governance exists for such situations. In 2017, Alaska became the first state to pass a law requiring courts to consider the animal’s interests in pet custody cases. Call us 24/7 Our Colorado criminal defense attorneys and support staff know that you love your animals, too. Breed safety laws :: Over 900 U.S. cities have enacted breed-specific legislation and wolf-dog hybrid laws. Dog inflicts bodily injury upon a person, 3.1.2. What is considered a dangerous dog in Colorado? Posted in Divorce,Separation on March 15, 2019. Failing to comply with local breed-specific laws can be seen as negligence. A potential jail sentence of up to one year. Colorado residents should keep in mind that every county has different dog laws and laws concerning pet ownership. 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. 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, 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. Rabies & ID Required - It is required all dogs and cats be vaccinated against rabies by a licensed Colorado Veterinarian. You can only be the “guardian” of a dog. Colorado Legal Defense Group was a great resource for legal help. Studies show that pet ownership has increased in the last few decades. Additional obligations following an 18-9-204.5 C.R.S. 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. This field is for validation purposes and should be left unchanged. 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. To help you better understand Colorado’s law against keeping a dangerous dog, our Colorado criminal defense lawyers explain, below: 18-9-204.5 C.R.S. However, some cities do require licensing for cats and dogs older than six months. If you are involved in a second or subsequent violation, however, it is a Colorado class 6 felony. Mediation is not a trial. The dog was provoked or was defending you, another person or your property, or, The dog was engaged in a legal but dangerous activity, such as hunting or herding, or. Town of Monument. 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. Here is a breakdown of how property division works in Colorado. Create a plan for the pet as part of how you and your spouse will separate property. Colorado is an equitable distribution, or common law, state. There may be exceptions to the number and type of animals you can legally own (such as pot belly pigs, fowl (chickens, ducks, etc. 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. In our first article, we looked at how owners can avoid making a pet a pawn in the divorce process. The Bureau of Land Management has granted permission for dogs to be off leash, but under voice control by an owner, in some areas. Dog Ownership Laws: Covering Custody Disputes & Stolen Dogs Sally Jones Updated: February 5, 2020 Family Dog 1 Comment To sustain this free service, we receive affiliate commissions via some of our links. (303) 222-0330. 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. Licenses are good for one year. The City of Grand Junction has granted permission for dogs to be off leash at the Canyon View dog park. 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. The injury (if any) is to a person, an animal or property. Now her heroin junkie owner wants her back. Denver, CO 80211 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. 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. 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. is one of Colorado’s lengthiest and most complex criminal statutes. How Can Social Media Affect My Divorce Claim? 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. 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. Mediation can help you resolve a pet custody battle without needing to take your case to court. 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. Whether it is your first or a subsequent offense. 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 … 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. Illinois became the second in 2018. Guide dogs should be able to lead a blind person through traffic. This makes the matter somewhat unclear and unpredictable. Please check with the Bureau of Land Management for dog rules specific to the area you are visiting. Colorado Revised Statutes Title 13. 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. 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. A mandatory fine of at least $250 (and possibly as much as $1,000), and. It is in the court’s power to order that the pet goes to a third party if you and your spouse cannot work out an agreement between yourselves. 1. The outcome? If you were the one who spent more money on the pet’s healthcare, more time walking or feeding the pet, and more attention on the pet, you could win primary custody – even if your spouse was the one who initially purchased the animal. 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. Statute of limitations. Try to come to an agreement together, with help from lawyers and mediators. conviction, Penal Code 399.5 PC – owning a fight or attack dog in California, Colorado drug testing laws – 3 key things to know. Dog inflicts serious bodily injury upon a person, 3.3. 7. dog breeder facility: any firm, person, or corporation that is engaged in the operation of Whether the dog attacks a human, another animal or property, How serious an injury (if any) the dog causes, and. 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. No statute, and no reported cases. Please attach copies of any citations or booking documents. 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. Editor's note: This is the second in a series of articles on pet ownership and divorce. Possible destruction of the dog by euthanasia. 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 Colorado class 2 misdemeanor if it is a second or subsequent violation. illegal animal fighting under 18-9-204 C.R.S. 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.