Burglary, Arson, Home Invasion Stolen dog

A

Austin tripp

New Member
Jurisdiction
Indiana
Last Friday my ex gf entered my home, walked into the kitchen where she was caught by my uncle. All she said was her name and left and on her way out she stole my dog. Claims I starved and beat my dog, if you see the dog it's obviously not true. I talked to police but nothings happened so far and I want my dog back and I want her to be charged with everything I can. She's keeping my dog tied to her railing with 3 feet of rope, when I have 37 acres of farmland for my pup to enJoy thanks in advance.
 
Why not tell us the rest of the story? Were you living together previously? Does she claim that it's her dog?
 
Austin tripp said:
I talked to police but nothings happened so far and I want my dog back and I want her to be charged with everything I can.
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My guess: She lived with you and still has a key. The police aren't likely to do anything and she's unlikely to be charged with anything.

This is a civil matter that may involve a dispute as to ownership.

You can sue her for the return of the dog, but that's about all that's going to happen.
 
While having all that farmland sounds terrific (and good for you!) last I recall there isn't any legal custody standard of "best interests of the dog." The law generally treats pets as property and you may need to use the court system to establish who actually owns the dog. How is a police officer going to be capable of determining who actually owns the dog and whether your ex-girlfriend was entitled to keep him? Even assuming you might be able to claim trespassing, that alone isn't determinative of who actually owns the dog.

Evidence of pet custody may established using:
  • Registration and licensing records and fees (such as with local authorities)
  • Microchip identification information (if this has been done)
  • Registration with a club (such as the American Kennel Club)
  • Veterinarian records and bills
 
adjusterjack said:
My guess: She lived with you and still has a key. The police aren't likely to do anything and she's unlikely to be charged with anything.

This is a civil matter that may involve a dispute as to ownership.

You can sue her for the return of the dog, but that's about all that's going to happen.
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no she never lived with me, we didn't date for very long, I was told by the cops that I could press charges for "residential entry"
zddoodah said:
Cool story.

Do you have a question?
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I was just seein if anyone could offer some advice on it
 
Zigner said:
Why not tell us the rest of the story? Were you living together previously? Does she claim that it's her dog?
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She claims it's her dog, but it was given to me because she gave it 3 feet of rope and I have 37 acres. I've had it for about 2 years now, it's microchpped in my name
 
I would simply go get the dog, but avoid confrontation. Put it on a leash and walk away.

Consider a restraining order to compel her to stay away from your property.
 
Austin tripp said:
I was just seein if anyone could offer some advice on it
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Nothing in your post allows any sort of intelligent discussion about who owns the dog. You told us you reported the matter to the police, so the only other option is to sue.

If you are able to retake possession of the dog without committing a crime in the process, then maybe that's an option. Obviously, you should take steps to ensure that your ex no longer has the means to simply waltz into your home and take things.
 
Self-help (in legal parlance) refers to a person's execution of her/his perceived lawful rights without resorting to the official legal process.

One envisions a landlord entering the premises of a tenant, removing all of the tenant's belongings, placing same on the curb and changing the locks because the tenant failed to pay rent for the prior two months.

When one chooses to engage in "self help" remedies, one often ends up with far bigger legal problems.
 
Michael Wechsler said:
You mentioned that the dog has a microchip implant in your name. Did you mention this to the police? If so, did you try to file a complaint for theft of the dog? What did the police officer say to you?
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Even with a chip, I still believe that the police would consider this a civil matter. There is no requirement that the chip be transferred to a new owner when that new owner takes possession of the dog. The chip can help prove ownership, but it doesn't prove ownership conclusively.
 
Zigner said:
Even with a chip, I still believe that the police would consider this a civil matter. There is no requirement that the chip be transferred to a new owner when that new owner takes possession of the dog. The chip can help prove ownership, but it doesn't prove ownership conclusively.
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Agreed and the police aren't necessarily in any position to make such a determination. But the police may decide to take a drive to see if they can settle the matter amicably, especially if it might involve a legitimate complaint and someone who may not dispute the allegations. From the way it sounds (and the fact that there is an implanted microchip), the ex-girlfriend may not even be contesting ownership of the dog rather, rather acting on her own sense of justice to protect an animal. She may voluntarily surrender the dog, end of story.
 
Zigner said:
Even with a chip, I still believe that the police would consider this a civil matter.
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Not necessarily. Just with the information given here I could proceed with it as a burglary. I don't know about Indiana statutes though. It could just be a matter of how clearly the details are relayed to the police.
 
I agree that the police could pursue this as a criminal matter. I just believe that they wouldn't.
 
Zigner said:
I agree that the police could pursue this as a criminal matter. I just believe that they wouldn't.
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I would. It would be my leverage to settle the issue. Nobody is going to face a felony for ownership of a dog. If it isn't her dog she would give it up in a hurry, then the owner could choose to not pursue prosecution and it would all go away.
You never know. Some are willing to help more than others.
 

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