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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Need an attorney who is familiar with Orange County

Customer Question

Need an attorney who is familiar with Orange County California dog bite laws. My parents dog bit me, I had to go to the emergency room for precautionary reasoning; got wound thoroughly cleaned. Now Animal Control is hunting me down to report the dog.
My fear is that our dog has nipped both my mom and dad in the past. They both went to Urgent Care to get their wounds cleaned. All 3 bites have been no big deal. The bite occurred by our family dog at my parents house.
It has been 4 days since the bite and I have been avoiding animal control (not answering their calls). This morning I received a citation on my door citing that I owe a $100 for each of the following:
-Need to provide vaccination records: San Clemente Municipal Code 6.24.010
-Need to provide proof of registration:San Clemente Municipal Code 6.12.010
-Duty to report bite: San Clemente Municipal Code 6.24.070
-Concealing Dog: San Clemente Municipal Code 121705
-Failure to produce dog: San Clemente Municipal Code 121710
I do not own the dog. Can all of the above apply? I am upset because I dont understand why the government needs to know any of this since I was bitten by my own family's dog? I don't want them to take our dog since this is the 3rd reported bite.
Can I keep avoiding Animal Control? And if I am confronted, do I have the right to remain silent so I dont have to give up my family's dog? What are my options? This seems ridiculous.
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, and welcome to JustAnswer, I am the quintessential dog lover and I would give my life for my dogs and I would literally kill anyone who even tried to harm my dogs. But, not everybody feels this way.

If you are concerned for the safety of your parents' dog, you must not tell the officials that your parents' dog bit you, or your parents because these "officials" are only looking for an excuse to take your parents' dog and kill it. They really do not care about your welfare or that of your parents, they look for excuses to kill dogs.

You cannot ignore the citations that were issued to you. You should plead "Not Guilty" and you will be given a hearing date. When you go to Court, simply tell the Judge that you do not own any dog, nor do you have any dog living with you. If these officials say that you told them that the dog bit you and you said, it was no big deal, you must modify those statements and convince the judge that they misunderstood what you said. You were merely saying that when you and your parents play with the dog, you tend to play a little rough and the dog is merely following your lead. I would also not repeat that you went to the emergency room because then, for sure, they will hunt the dog down and kill it out of malice.

In the meantime, your parents must get the dog vaccinated and registered. This will show that you and your parents are law abiding citizens and follow the law to the best of your abilities. It will also blow smoke on their arguments against the dog. But, all of this is separate and apart from the argument that you must make that you do not own a dog, nor do you have any dog living with you. Make copies of the letters you send them and take these copies to Court with you to give to the Judge to help prove your case that these citations were erroneously given to you since you do not own any dogs.

If I have not Answered your question, please let me know and I will be glad to explain further,

If I have Answered your question, please be kind enough to leave a Positive rating. You have already placed a deposit with JustAnswer and it will not cost you anything additional to leave a positive rating. But, without a positive rating, JustAnswer will not give me credit for assisting you. Thank you for understanding,

Kindest Regards,

ANDREA

Customer: replied 1 year ago.
Thank you. I agree. I love Abby (our family Dog) more than anything. She is my best friend and is such a sweet heart! She automatically gets a bad wrap because she is a Rottwieller.Should I call the Animal Control back and tell them that I do not own a dog? And if they ask who was the dog that bit me, should I just tell them that I do not know who the registered owner is. That is true, not sure if my mom or dad is the registered owner.Or should I keep avoiding them in hopes that this goes away. If they continue to pursue, will I get a court summons?
Customer: replied 1 year ago.
Another thing to add... the way the Animal Control knows that I went to the emergency room is because I was forced to fill out a dog bite form when I was there. I did not fill out any information about the dog, just left my name and phone number and signed the form
Expert:  Andrea, Esq. replied 1 year ago.

If someone does not own a dog they could not possibly understand the bond that exists. I just lost my little boy June 23, and I am heartbroken. He was born here in my house and he passed away here. He was my 100 lb. baby. My baby Hermes looked like a wolf, but he was the most gentle soul you would ever meet. I made the mistake of yelling at him once and he started to cry and I never, ever yelled at him again. He would allow my baby Aten to jump on his back and he would give her a ride all around the patio outside my kitchen. Aten was half his size and she would intimidate him. If my daughter's Chihuahua barked at him, Hermes would run upstairs and jump on one of the beds because he knew that Snoopy (the Chihuahua) could not climb up on the bed. Hermes was half Siberian Husky and his father was a Samoyd. He had the most beautiful crystal blue eyes imagineable and a heart of gold.

Do not call Animal Control. Write "Not Guilty" on all the citations they gave you and ask for a hearing. If you are asked if the dog bit you, tell them what I had said before -f When you see her and you play with her, you get carried away and sometimes play a little too rough and she is only following your lead, so if anyone should be punished, it should be you for setting a bad example, not the dog who is simply following your lead. You will have to put the blame on yourself so that they do not put any blame on poor Abbey,

I cannot stress the importance of having your parents register Abby and have her get all her shots. This way, you will be able to shut the mouths of those animal control people. They belong in a cage, not the dogs.

Always remember this - When I tell my babies to do something, they understand me and they do it. On the rare occasion when any of my dogs would bark, did I understand them ? No, Not at all. So, now you tell me, who is the dumb animal ? The canine or the homo sapien (man) ? I never, ever have referred to any non-human as a dumb animal. They are smarter than I could ever hope to be and I am blessed and honored that they have chosen to spend their life with me. They own me, I do not own them.

If I have Answered your question, please be kind enough to leave a Positive rating. You have already placed a deposit with JustAnswer and it will not cost you anything additional to leave a positive rating. But, without a positive rating, JustAnswer will not give me credit for assisting you, or for my time and effort in researching your question. Thank you for understanding, Bonus and Positive Feedback are very much appreciated,

Kindest Regards,

ANDREA