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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I am trying to find out how to file an injunction against a

Customer Question

I am trying to find out how to file an injunction against a pet adoption organization to prevent them from adopting a certain dog that they essentially stole from a person they had adopted the dog to. Just want to prevent them from adopting the dog before we can take action to get the dog back from them
Submitted: 1 month ago.
Category: Legal
Expert:  LawTalk replied 1 month ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Who are you---what is your part----in this entire mess?

2. When you say adopt---do you mean "adopt out"?

3. Who do you claim has legal ownership of the animal?

Doug

Customer: replied 1 month ago.
Hi DougI am the husband ( we are long time seperated but still friends) of the person who had the dog taken from her
Customer: replied 1 month ago.
when I say adopt I mean the group H.A.L.O. is and animal rescue group.
They placed the dog in question with m the person I am writing on behalf of
Customer: replied 1 month ago.
last question is the big one because that is the gray area and why I seek an injunction to prevent H.A.L.O. from adopting the dog to another party until issue is full settled
Customer: replied 1 month ago.
are you still here?
Expert:  LawTalk replied 1 month ago.

Hi,

I just got off the phone with another customer and I am looking at your information now.

Expert:  LawTalk replied 1 month ago.

Hi,

4. How did HALO get the dog back from your wife?

5. What reason did they give for taking the dog back?

6. Did your wife ever formally adopt this dog from HALO or was there perhaps a trial period or an agreement that ownership would come later. The fact is that ownership is the crux to your wife's ability to sue.

Doug

Customer: replied 1 month ago.
They came to the house and asked to hold the dog. When she let them do that, they ran from the house.They gave no real reason other than the dog had become ( in 3 weeks) a couch potatoThere is a 30 day clause however HALO demanded the dog back the next day and then agreed (all verbally) to come back in two weeks ( they came in three ) after the dog had bonded with my wife. There is no evidence of any mistreatment and in fact many letters of support. This dog was taken back for reasons only the person who took him can answer. not sure if this helps but here is a link to the news story http://www.nbcbayarea.com/news/local/Animal-Rescue-Group-Accused-of-Forcibly-Taking-Away-Womans-Poodle-399754031.html?00
Expert:  LawTalk replied 1 month ago.

You wrote: There is a 30 day clause however HALO demanded the dog back the next day and then agreed (all verbally) to come back in two weeks ( they came in three ) after the dog had bonded with my wife

I don't understand what you are trying to say. What is the 30 day clause specifically?

Doug

Customer: replied 1 month ago.
as I understand it allows either HALO to take the dog back ( for cause) or the adopter to return the dog to HALO
Expert:  LawTalk replied 1 month ago.

I am troubled by your parenthetical insertion of the term "for cause" in your statement. As you might imagine, this is a contract issue and the use of specific words are critical to a legal analysis of that document. Is this "for cause" your words, or is this clearly set out on the agreement?

Expert:  LawTalk replied 1 month ago.

Hi,

I won't be able to assist you if you are not able to provide the minimal information I sought clarification on. Please get back to me with this information at your earliest convenience.

Doug

Customer: replied 1 month ago.
Hi DougI am really sorry perhaps I misunderstood what I was told about the contract. There is no 30 day anything. I have attached the actual contract she signed and the original posting putting the dog up for adoption. The only ground they may have is the posting require the dog not be alone all day. While my wife works she is home for lunch every day. We also operate a business from the house and I am there every morning and sometimes periodically through the day. This probably does not matter.. but if you look at the dogs picture he has two eyes. He lost an eye while under the care of HALO. I believe this is part of the reason the woman who took the dog did so... some sort of guilt issue.. I know irrelevant to the issue?
Expert:  LawTalk replied 1 month ago.

Hi,

I do not review contracts as part of the basic cost of answering a question. If you want to me to review the documents and call you to discuss the legal issues here I will do so. You will need to click on the "Call Me" button on the page for me to do this.

Doug

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