In our first article, we looked at how owners can avoid making a pet a pawn in the divorce process. Try to come to an agreement together, with help from lawyers and mediators. Equitable distribution rules. Yes, whoever's name is on the adoption/purchase paperwork is the legal owner of the dog. Whether the dog attacks a human, another animal or property, How serious an injury (if any) the dog causes, and. If you owned your pet prior to the marriage, odds are the courts will view the pet as your own separate property. Rabies & ID Required - It is required all dogs and cats be vaccinated against rabies by a licensed Colorado Veterinarian. Studies show that pet ownership has increased in the last few decades. If you and your ex-spouse cannot work it out alone, consider hiring a mediator to help with negotiations. “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. A fine of $500-$5,000. (303) 222-0330. Visit our page on Colorado DUI Laws to learn more. 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. 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. Owners must comply with all laws related to dog ownership, including the laws that outlaw certain breeds. 7. dog breeder facility: any firm, person, or corporation that is engaged in the operation of 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. The real focus of the law's concern is, in other words, the owner, not the animal. Studies also show the increase in pet ownership correlates to a decrease in younger generations having children. Couples will have the option to arrange their own pet custody agreement before a judge intervenes. 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: 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. 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. You may also have attorneys present, if desired. 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. Here is a breakdown of how property division works in Colorado. Consequences of owning a dangerous dog, 3.1.1. 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. Courts and Court Procedure Section 13-21-124. Licenses are good for one year. 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. How the court makes marital property decisions. 1 Answer | Asked in Animal / Dog Law for Colorado on Jul 20, 2020 Q: I have taken care of a dog for 3 years. 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. 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 judge may choose not to intervene in these situations, and decide to send the pet to a separate home instead of assigning custody. Possible destruction of the dog by euthanasia. Who Gets Pet Custody in a Colorado Divorce? 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. Your attorney can set up witnesses to testify to your care of the pet, as well as collect evidence such as vet bills. 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. Getting arrested for DUI does not mean you will be convicted. 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. If you are involved in a second or subsequent violation, however, it is a Colorado class 6 felony. 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. Failing to comply with local breed-specific laws can be seen as negligence. You have a previous conviction for owning a dangerous dog. 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. 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. “Domestic animal” means any dog, cat, any animal kept as a household pet, or livestock. 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. 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. It is a meeting between you, your spouse, and an unbiased third-party mediator to act as a judge. 2. Who is responsible for a dangerous dog? These Colorado laws concern liens on pet animals for persons who are entrusted with caring for the animals. The courts will not split community property down the middle, in a 50/50 division. Copyright © 2020 Colorado Legal Defense Group. Separate vs. community property. The Effects of Coronavirus/COVID-19 on Child Custody. if you are the owner of a dangerous dog. 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. Colorado residents should keep in mind that every county has different dog laws and laws concerning pet ownership. 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… 4047 Tejon Street This section imposes strict liability on owners when their dog bites a person who is lawfully on public or private property. The injury (if any) is to a person, an animal or property. The vaccination must be done within 30 days of pet acquisition. Pet Waste. 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. This field is for validation purposes and should be left unchanged. You didn’t know the dog was dangerous and the dog attacked a groomer or veterinary worker. You commit a crime under 18-9-204.5 C.R.S. Colorado does not have any specific pet custody laws. 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. 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