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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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My dog was tied up in our yard my eating his bone, my friends

Resolved Question:

My dog was tied up in our yard my eating his bone, my friends nephew went to take the bone from the dog which resulted in teenager being bit? Now the dog warden dviosed we have to put dog down or they will and if we take it to court we will lose and pay a fine but surely there has to be some rights for us ? considering the circumstances>?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What are you hoping to achieve?
Are you prepared to go to court?
Customer: replied 2 years ago.

Hi Jo, my name is Laura.

To be honest I do not want my dog put down, I believe it is totally unfair considering the circumstances around the situation, in regards ***** ***** dog was tied up, in his own yard and eating? All this should contribute to the fact of how the dog reacted. He is around children my partners children day in day out, my partner mother has 7-10 grandchildren who are at home daily and this never happened in 1 and half we own him from he was a pup.

I want to know do I have a legal right to go against the dog warden threatening and warning me that my dog has to be put down over this incident?

I don't think financially I can and im scared that if we lose the dog will be put down, I will be in debt and fined.

I already have dog removed from the back yard so these children can no longer torcher him and he is now with my mother running around her yard which is a lot larger than my partners mothers and there it is closed off therefore no one from public can go into the premises?

Expert:  Jo C. replied 2 years ago.
OK.
How bad were the injuries?
Customer: replied 2 years ago.
The boys skin was pierced he attended hospital to obtain a jag and sent home other than he is ok?
Expert:  Jo C. replied 2 years ago.
Thanks.
To be wholly honest, even if you went to court over this it is very unlikely that they would destroy the dog. I do a lot of this type of work and I think in five years I have only lost about four dogs to the destruction order and only one of those was really unfair. The rest involved circumstances where there was just no other option for various reasons.
Thi is a low level Section 3 DDA 1991 matter with fairly sound mitigation although the aggravation is that it did involve a child. I am never quite sure why that hould be aggravation as usually these incidents involve victims who could have avoided the entire situation with better dog handling but there you have it.
However, there are no magic wands that will change the view of this particular dog warden. If he says that he will go to court if you won't destroy the dog voluntarily then that is his position and he cannot be forced to change it. It might be a hollow threat. He may just refer it to the police who would probably just offer an ABC contract or something similar to that.
Going to court is not expensive. Costs will be around £86 - £200.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Yes - thank you for your advise so far.

Do you think I have a strong enough case to keep my dog ?

Expert:  Jo C. replied 2 years ago.
Well, there isn't a defence on these facts but a court is very unlikely to destroy him. Destruction orders are pretty rare now.
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