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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111585
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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WheN I moved into my wake village home I was never told that

Customer Question

wheN I moved into my wake village home I was never told that there was a pet limit. I have been there for 4 years and continually harassed by a male neighbor one house over about one of my cats walking his fence. The cat dispeared for 6 months. I presumed dead killed by this person or taken out of the area. A rescue person saw him at the Animal shelter. The cat was microchipped and ads and signs were put up all over the area and also at the animal shelter offering 100 dollar reward. In the Texarkana gazette same picture same mention of Microchipped and the reward. This cat was taken again by this same neighbor. When I walked up his sidewalk and rang his bell he told me to get my homely ugly face off his property or he would call the cops. I am 77 yrs old, widow live by myself. A homebody and petrified of this man. He seems to have the police as friends as he went down on the sly was in the police section of the town hall, when I was paying my 125 hunderd dollar fine police asked for my license and after I paid the fine asked me to come over the police side , the man was gone but asked me to come over there sign PAPER WHICH WAS SIGNED MY THE PERSON WHO TOOK MY CAT AND IT WAS A CRIMINAL TRESSPASS CITATION.all I did was walk up his sidewalk RANG HIS BELL. nO POSTED AREA/S ON HIS PROPERTY AND I DID NOT CLIMB OVER HIS FENCE. tHIS POLICEMAN NEVER ASKED ME MY NAME. OR MY SIDE OF THE STORY. I HAVE PUT MY HOUSE UP FOR SALE BUT HAVE HAD ONY ONE INTERESTED PARTY. I HAVE NOW HITRED A CARPENTER TO MAKE A CAT CONFINEMENT AS MY HOUSE Is NOT THAT BIG . I WAS OVER THE 6 PET LIMIT WHICH THEY SAID I VIOLATED. hOW CAN YOU VIOLATE Something NOT KNOWING THEIR WAS A LIMIT. mOST HOMES IN THE AREA DO RESCUES , HAVE MULTIPLE PETS. tHIS MAN SINGLED ME OUT TO REDICULE AND HArSS AS I HAVE NO ONE TO DEFEND ME. I AM BUILDING A CAT CONTAINMENT not ATTACHED TO THE HOUSE IN ANY WAY AND WANT TO MAKE SURE THAT THEY CANNOT MAKE ME TAKE IT DOWN TILL AFTER I MOVE. aND YES IT IS GOING TO BE PORTABLE. I HAD A WINRNESS TO THIS PERSONS CRUELTY AND IF ITS TRUE . I DO NOT FEEL PROTECTED OR SAFE IN THIS AREA. I ALSo PUT IN A SECURITY SYSTEM IN MY HOUSE BUT HAVE NO WAY TO PROTECT MY PETS FROM HAVING POIsen OR ARTICLES THaT CLOUD KIlL THEm, I HAVE TWO TOY DOGS NEVer
BEEN LOOSE. I NEED SOME HELP. ThankYOU. sorry for the caps
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, the courts hold that "ignorance of the law is not a valid legal defense." This means that just because a person does not know what the law is, if they violate the law it is still a violation.
It is NOT legally trespassing if his property was not posted and he had never previously told you to not come onto his property. Once he told you to leave his property, if you left, then there is no trespassing. You could not be convicted of trespassing if you left when told and had never been told to not come onto his property.
You could also sue this guy for theft of your cat and conversion of your cat. Cats and other pets are considered property, so you could sue for damages and the value of the property he took from you and the costs he has caused you to incur in recovering your cat. You can sue him in small claims court for those civil damages.
You will have to abide by the local ordinance on pets though, even if you did not know the law when you moved there. But you have grounds to go to trial and fight the trespassing charge and you can also file your civil suit against this guy in small claims court, so you do have some legal recourse against him.

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