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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70715
Experience:  Over 5 years in practice
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My dog is a 8 year old staffy cross. Neutered and microchip

Resolved Question:

My dog is a 8 year old staffy cross. Neutered and microchip . Yesterday we were sat in the pub with him . The landlord knows us well and my dog has been well behaved and never bitten anyone ever . Yesterday a family came in with a 4 year old girl . She kept stroking my dog . We had him held by his coller . The parents were not concerned about her and me and my husband watched her like a hawk . My dog nipped the little girl on the top of her eye . No skin was broke or blood . The girls mother punched me in the head . The landlord has got this all on cctv. He said we were not at fault as the girl would not leave the dog alone . We have given the landlord our phone number in case the police need to speak to us . But I as so frightened that my dog will be put down . Please help
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

How can I help with this please?

Customer: replied 1 year ago.
Where do I stand in law over this Please
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jo C. replied 1 year ago.

Have they reported it?

Customer: replied 1 year ago.
The landlord said this morning that the child was taken to hospital for a injection . The hospital informed the police . The mother has attacked me by punching me in the head . The landlord has all this on cctv. The child would not leave my dog alone
Expert:  Jo C. replied 1 year ago.

That isn't a defence per se.

Have you reported the assault?

Customer: replied 1 year ago.
No I have not reported the assault . We had our dog on his lead and held by his coller
Customer: replied 1 year ago.
Will my dog be automatically put down because of this please
Expert:  Jo C. replied 1 year ago.

It is possible they might not report it as she did assault you and she might not want to face the consequences of that.

If they do then it is possible the police will charge you. I'm not sure they could justify pursuing you under the DDA and not her for assault but that is another story.

Even if they do prosecute you it is very unlikely that there would be a destruction order. There are alternatives to a destruction order now that are usually preferred.

The case of Gedmintaite says there is no defence in saying that a dog is on lead.

Poor dog handling on the part of the complainant does not provide a defence either I'm afraid.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Thank you . We have had him for 8 years and he has never bit anyone ever before . Will good character work in his favour if she does prosecute ?
Expert:  Jo C. replied 1 year ago.

Yes, always helpful.

I suspect she might not want to call the police and explain to them why she punched you.

Customer: replied 1 year ago.
Thank you
Expert:  Jo C. replied 1 year ago.

No problem.

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