How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask RJM Law Your Own Question
RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3157
Experience:  LL.B (Hons)
106205234
Type Your Law Question Here...
RJM Law is online now

I have an emotional support animal who was taken on April

Customer Question

Hi, i have an emotional support animal who was taken on April 14th for an alleged bite. The women who made the allegations has no wounds however the police have still withheld him knowing he is my ESA how can i claim for emotional distress as there is no need to hold hi
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in essex
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the women has no wounds, we did not agree to sign the dog over. The police officers who took him refused to state what law they could take him under and one of them was allergic to dogs A behaviourist on the case said he passed all tests and is not a dangerous animal. But they still hold him
Submitted: 22 days ago.
Category: Law
Expert:  RJM Law replied 22 days ago.

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible.  I look forward to assisting you in this matter.

Thank you.

Customer: replied 22 days ago.
Okay thank you. May i add she also kicked him in the face unprovoked
Expert:  RJM Law replied 22 days ago.

Thank you and I am sorry to hear abut this matter.  The police have the legal right to seize a dog if it bites a person, in effect by causing a laceration (or being suspected of) the police can take the dog.  However, the dog cannot be put down nor can the police insist you do this.  However, the matter can go to court and court can instruct a dog to be put down.  However, like any other case you can defend this, given the information you ave provided then you do have a defence in the matter.  In my opinion you should look at contacting a defence solicitor to look at defending the matter in court ( if it gets to court) so you may be Abel to obtain the dog back.  You also have the right to make a complaint against your neighbour to the police if she kicked the dog.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 22 days ago.
But he didnt bite her
Expert:  RJM Law replied 22 days ago.

I appreciate that however, the allegation has been made.  This is why the police have taken the dog for the time being.

Customer: replied 22 days ago.
Theres no wound, they could now state the law under which they took him and he is my ESA to which i was released after a recent suicide attempt. Her lies are ruining my life and she needs repurusions
Customer: replied 22 days ago.
Not*
Expert:  RJM Law replied 22 days ago.

You will require to defend the matter, which is why I advised instructing a solicitor to represent you.  You may be  eligible for legal aid.  Legal aid is available to some people but this will depend on the issues being dealt with in the case and the applicant’s financial position. However, legal aid can be available to some people. No lawyer will be able to say if you will be entitled to legal aid or not, as each case is dealt with on and individual basis. What you will have to do is look for local relevant solicitor (most firms have them) who will accept legal aid then ask them to represent you and make an application for legal aid accordingly on your behalf. I can provide a link to help you find one or you can do a simple google search. Your instructed solicitor will help you complete the legal aid application, this will then be assessed by the legal aid board and it will be them who make a decision as to whether or not you will qualify for legal aid for the case/claim.