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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31025
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My 16 year old daughter was walking her dog on a leash when

Customer Question

My 16 year old daughter was walking her dog on a leash when neighbor freeked out and pepper sprayed her and dog. can we file an assault charge against him ? My Daughter is affraid of him and wont wak dog can i get restraining order to protect her ?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Roger replied 11 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

If the neighbor's actions were unprovoked -- meaning that the person was not in danger and had no justification to spray the dog -- it could be possible to charge the person with animal cruelty ( here's the statute: https://www.animallaw.info/statute/ca-crimes-§-597-cruelty-animals).

Expert:  Roger replied 11 months ago.

It is also possible to ask the court to enter s restraining order against this person as to your daughter to keep him away.