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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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My dog was shot and killed by my neighbor. The dog was a ...

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My dog was shot and killed by my neighbor. The dog was a pet that had gotten out of the house by accident. The dog was a 3 year old black lab and had some pit bull in his background. This dog has never bitten anyone, he would bark at you or growl if he felt threatened. He was protective of his owners. Usually if the dog was outside he was on a lead wire, however normally he was a house dog.   In the past the neighbor had threatened to shoot the dog. He had called the law once when the dog was running loose.   He had gotten outside and the neighbor shot and killed the dog. He told the animal warden that he had felt threatened. The dog was 20 to 25 feet from the neighbor shot him. The dog wasn''t even facing him. He had time to go back in the house and get his gun, but didn''t call us. Both my son and I were home. This dog made up to people easily. I need advice as to whether to persue this in court

Dear Customer

Yes, I suggest you might want to look into filing a small claims lawsuit. If you provide your state, I can give you further details on that matter.

Best to you,

 

Customer: replied 9 years ago.
Reply to Michelle's Post: I live in Illinois. I live approx.1mile outside of city limits. We were already told to file a suit in small claims court. We need to know what laws apply.

Dear neysa2008

Thank you for providing your State - and now, as stated, I can provide the needed information. Here are the laws

Sec. 16.3. Civil actions. Any person who has a right of ownership in an animal that is subjected to an act of aggravated cruelty under Section 3.02 or torture under Section 3.03 in violation of this Act or in an animal that is injured or killed as a result of actions taken by a person who acts in bad faith under subsection (b) of Section 3.06 or under Section 12 of this Act may bring a civil action to recover the damages sustained by that owner. Damages may include, but are not limited to, the monetary value of the animal, veterinary expenses incurred on behalf of the animal, any other expenses incurred by the owner in rectifying the effects of the cruelty, pain, and suffering of the animal, and emotional distress suffered by the owner. In addition to damages that may be proven, the owner is also entitled to punitive or exemplary damages of not less than $500 but not more than $25,000 for each act of abuse or neglect to which the animal was subjected. In addition, the court must award reasonable attorney's fees and costs actually incurred by the owner in the prosecution of any action under this Section.
The remedies provided in this Section are in addition to any other remedies allowed by law.
In an action under this Section, the court may enter any injunctive orders reasonably necessary to protect animals from any further acts of abuse, neglect, or harassment by a defendant.
The statute of limitations for cruelty to animals is 2 years.

Sec. 3.02. Aggravated cruelty. No person may intentionally commit an act that causes a companion animal to suffer serious injury or death. Aggravated cruelty does not include euthanasia of a companion animal through recognized methods approved by the Department of Agriculture.
A person convicted of violating Section 3.02 is guilty of a Class 4 felony. A second or subsequent violation is a Class 3 felony. In addition to any other penalty provided by law, upon conviction for violating this Section, the court may order the convicted person to undergo a psychological or psychiatric evaluation and to undergo any treatment at the convicted person's expense that the court determines to be appropriate after due consideration of the evaluation. If the convicted person is a juvenile or a companion animal hoarder, the court must order the convicted person to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation.

Best to you,

 

 

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