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.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32939
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I didn't mean to leave my dog at the backyard over night.

Customer Question

I didn't mean to leave my dog at the backyard over night. the animal control took my dogs and we went to the court, they decide to divested our ownership. we want them back
Submitted: 8 months ago.
Category: Legal
Customer: replied 8 months ago.
me and my wife move from Houston to Dallas. we put our 2 dogs at the backyard over night since we don't have friends in Dallas. the judge divested our ownership with them . we didn't mean to leave them outside with high temperature. we love them . we have them for almost 8 years since we adopt them. we travel with them so many place. we built up a lot of relationship between each other.
Customer: replied 8 months ago.
We just want them back. we just have a new born baby in the house. and my wife is already upset about they took our 2 dogs away for almost 10 days and now they telling us to divested the ownership.
Expert:  AttyHeather replied 8 months ago.

Hi, I'm Heather, an attorney with 15 years law experience, and I'll be assisting for informational purposes.

This is a very difficult situation. Especially because it sounds like the judge has already made a ruling. You probably have a very limited period of time to either ask for reconsider, or to set aside the order, or appeal. These are very difficult legal motions, and you will need to probably get an attorney if you are serious about getting QQ and Nana back. I'm so sorry that this has happened. How terrible. I hope I have answered your question. Can you let me know if I have?

Customer: replied 8 months ago.
no, I need advice from you and how to get my dogs back . not an attorney telling me to look for another attorney for help
Expert:  AttyHeather replied 8 months ago.

I will go ahead and opt out from assisting you, because this website is not set up for me to prepare your documents for you, and what you are asking requires an attorney to examine your case and the filings, and then evaluate which motion would be most appropriate to file in your case. I'm sorry I was not able to help you more. I'll open up your question to all of the other attorneys on the site, and maybe someone else has a better answer for you. No need to respond, before another expert checks in with you, because that will only send the question back in my que, since there hasn't been another attorney pick up your question yet. I really do hope you are able to get your dogs back. Thank you for using justanswer.com.

Expert:  Dwayne B. replied 8 months ago.

Different expert here.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

As the other expert pointed out and as the website explains repeatedly before the click throughs, the experts o JustAnswer provide information on legal topics and answer questions. W can't prepare documents for you, we can't tell you specific language to use, etc. I don't think the other expert meant to be interpreted as just telling you to hire an attorney, I believe she was just trying to make it clear that this is a complicated matter and since you will be facing an attorney on the other side, actually the District attorney's office, then you likely will want to strongly consider hiring an attorney.

However, now that that is out of the way, are there specific questions that you need answered?

Customer: replied 8 months ago.
Is there a chance I can get my dogs back, because we treat them so well all the time. we bring them to the dog park. travel with them. sleep with them. base on what they saw on that scenes. I am not denying we did make a mistake. at least release them back to us and give us a chance.
Expert:  Dwayne B. replied 8 months ago.

There is absolutely a chance that you can get the dogs back.

Did you have a hearing yet? I can't tell from your facts.

Customer: replied 8 months ago.
ok, I am not quite understand what the letter said from the judge. if you can tell me what is it about. can I email it to you the letter?
Customer: replied 8 months ago.
we did a hearing already.
Expert:  Dwayne B. replied 8 months ago.

You can attach the letter to this. There should be a paperclip somewhere on your screen that allows you to attach documents. I need them attached in PDF or JPEG format.

Customer: replied 8 months ago.
do you see the file?
Expert:  Dwayne B. replied 8 months ago.

No, there's no file showing on my screen.

Customer: replied 8 months ago.
i select the PDF but no response
Customer: replied 8 months ago.
it said the file is too big
Expert:  Dwayne B. replied 8 months ago.

That's strange. If you see the customer service button there on your screen you can contact the moderators and ask them for assistance. I am going to be going offline in a few minutes and will be back online tomorrow at some point.

We can certainly get this wrapped up this weekend and you can't file anything until Monday anyway.

Expert:  Dwayne B. replied 8 months ago.

Ah. that explains it.

Expert:  Dwayne B. replied 8 months ago.

Can you just type in the part you don't understand?

Customer: replied 8 months ago.
here is the copy
Customer: replied 8 months ago.
thanks for waiting
Expert:  Dwayne B. replied 8 months ago.

Give me just a few minutes to look at it.

What questions did you have about this?

Customer: replied 8 months ago.
just tell me what is it. do we pay the 422 so we can get our dogs back or?
Expert:  Dwayne B. replied 8 months ago.

No, this order says that you are "divested of ownership" which means they are taking the dogs from you and presumably putting them up for adoption at the animal shelter. The $422 is the costs that were incurred and may also bt eht costs of the spay/neuter as well.

Expert:  Dwayne B. replied 8 months ago.

What you are going to have to do is 1) put up a bond of $1500 and 2) appeal to the County Court at Law.

Expert:  Dwayne B. replied 8 months ago.

You have a very limited amount of time to appeal and you have to file a Notice of Appeal and put the amount of the bond into the registry of the court.

Customer: replied 8 months ago.
we need the pay the $1500 to the court for appeal?
Customer: replied 8 months ago.
do i need to hire a attorney
Expert:  Dwayne B. replied 8 months ago.

Yes, you deposit the money with the court.

You aren't required to have an attorney but you really do need one. These cases are extremely difficult and very few people can handle one without a lawyer.

Customer: replied 8 months ago.
will we get the $1500 back in the end?
Expert:  Dwayne B. replied 8 months ago.

If you win, yes, you should get it back. If you don't win then you may get some of it back but not most of it.

Customer: replied 8 months ago.
if i win. what else i can get beside the$1500
Customer: replied 8 months ago.
what is the time limit if i want to appeal
Customer: replied 8 months ago.
what kind of attorney i should look for
Expert:  Dwayne B. replied 8 months ago.

Nothing in this case. This is purely over either getting the dogs or not getting the dogs. You can discuss this with the attorney.

I haven't looked it up lately but I think it is ten days. These cases are unusual because there are three different sets of laws that apply. You have the civil rules, the criminal rules, and then there are sections of the Texas Health and Safety Code that apply.

Expert:  Dwayne B. replied 8 months ago.

As to the type of attorney your best choice would be to go to www.lawyers.com and in the section for Area of Practice enter Criminal Law.

Customer: replied 8 months ago.
will this case has a black mark in my background?
Expert:  Dwayne B. replied 8 months ago.

What do you mean by that?

Customer: replied 8 months ago.
or should i look for a animal lawyer?
Customer: replied 8 months ago.
record in my background
Expert:  Dwayne B. replied 8 months ago.

There aren't very many "animal lawyers" and you would really prefer someone with a lot of criminal trial experience. Most animal rights lawyers are advocates for the animals and don't actually go to trial much.

This is a public record so it will show up if someone does a thorough background check but I ton'd know that it would have much effect.

Customer: replied 8 months ago.
do you know normal how much we have to pay to the lawyers.
Expert:  Dwayne B. replied 8 months ago.

No, it varies tremendously depending on he experience of the lawyers, where they are located (and the metroplex area is pretty expensive), etc.

The only way to find out is to cal around and visit with lawyers.

Expert:  Dwayne B. replied 8 months ago.

I am about to sign off for the evening. Feel free to post any additional questions you have.

Best wishes to you. I would ask you to please leave a Positive Rating so I receive credit for my work.

Once you issue your Positive Rating the question will lock open and no longer time out so you can not only continue asking follow up questions, you can also come back to it anytime in the future if you think of any follow ups.

Customer: replied 8 months ago.
if we win the case. will we get money from the animal control
Expert:  Dwayne B. replied 8 months ago.

No. This case is solely about whether or not you get your dogs back or not.

If you want to pursue damages against the animal control board that would have to be a separate case.

Customer: replied 8 months ago.
they break in the backyard.
Expert:  Dwayne B. replied 8 months ago.

You can certainly discuss this with your lawyer but it won't matter for this case.

Expert:  Dwayne B. replied 8 months ago.

Going offline now. Will be tomorrow. again, please don't forget to issue a Positive Rating so question doesn't time out and close.

Customer: replied 8 months ago.
if we talk with the animal control department and convince them not to divested the ownership, even the judge had make the decision, can that be a way to slove this problem?
Expert:  Dwayne B. replied 8 months ago.

If the judge signs off on the order then it would resolve the issue. However, you don't want to miss the time for appeal trying to reach an agreement.