Why is this legal? - German Shepherd Dog Forums
Reply
 
LinkBack Thread Tools
post #1 of 35 (permalink) Old 10-23-2008, 05:48 PM Thread Starter
Crowned Member
 
shilohsmom's Avatar
 
Join Date: Jul 2003
Location: Northern California
Posts: 6,659
Why is this legal?

I live in CA and here its a felony to just kill a dog (of course, this doesn't include if the dog is attacking you or your livestock, etc), but to just kill a dog is a felony. On the other hand, its completely legal to threaten to shoot a dog or threaten to kill a dog!! I just don't get it.
As some of you may recall, my neighbors and I don't get along...thats putting it lightly. In April their two Pugs where again running loose in the neighborhood and got onto my property (squeezed through the fence opening which was fine for keeping GSDs in but not little dogs out). I took my dogs outside to play in their yard and I noticed the two dogs in our yard....Shiloh noticed them too and was much faster at getting to them than I was. The Pug lived but suffered awful injuires. Long story shorter, they tried everything to get Shiloh distroyed. Bottom line was my dogs were contained on their property and no charges/citations/etc were issued against me or my dogs.
Since that time they have continued to harrass me and make my life as misarable as possible. On 9-24 they again started threatening my dogs that if they see them out they will shoot them... they will bury all three...etc... And by 'out' they are talking about them being on their OWN PROPERTY!!!.
I've built fences. After the April incident I put up a 6' fence on the inside of my yard staying a good 15-20' away from the property line. This was in addition to the other fence that already existed on my property. I've now put Willow Screening over the 6' fence so as to not make them an easy target.
I've called the Police and made report after report and all they say is its not a crime to threaten to kill a dog and to file a Restraining Order. I tried the Restraining order-the Judge didn't feel that my life 'was in immediate danger' and that this issue is better served in Civil Court. I even had written on the request-I did not want his money, I just want them to leave me and my dogs alone!
But going back to what I was originally asking, can anyone explain why these threats aren't taken seriously? These dogs are my life and believe me I have taken every step possible to keep them safe....it just seems so wrong the way the law is written. Any suggestions??

Rosa

Mom to;
Shiloh, 8.5 year old LCGSD
Shoshona, 7.5 year old LCGSD
Eli, 5 year old LCGSD

Every dog deserves to have a human that thinks they are the greatest dog that ever lived!
shilohsmom is offline  
Sponsored Links
Advertisement
 
post #2 of 35 (permalink) Old 10-23-2008, 05:52 PM
Crowned Member
 
Join Date: Jun 2001
Location: SouthEastern WI
Posts: 14,028
Re: Why is this legal?

Next time they say they will shoot the dogs tell them they will have to shoot you first.

Most likely they will say fine or something to that effect.

Bingo - YOUR life has now been threatened.

Stupid to have to go that far but it sounds like you have tried everything else.
Lauri & The Gang is offline  
post #3 of 35 (permalink) Old 10-23-2008, 06:03 PM
Crowned Member
 
GunnerJones's Avatar
 
Join Date: Jul 2005
Location: Richmond ,Virginia
Posts: 4,996
Re: Why is this legal?

and be sure to record it


To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
GunnerJones is offline  
Sponsored Links
Advertisement
 
post #4 of 35 (permalink) Old 10-23-2008, 06:03 PM Thread Starter
Crowned Member
 
shilohsmom's Avatar
 
Join Date: Jul 2003
Location: Northern California
Posts: 6,659
Re: Why is this legal?

Hey, you might have something here...oh my god...that might work!!!! I know it might sound a little bit much but honestly I'm beyond myself with these threats. I KNOW if they do get a gun I would jump in front of my dogs to protect them and they would have to shoot me first-there is no question in my mind about that. Like I said my dogs are my life and I can't even tell everyone how hard it is to hear these threats being made towards them.
Lauri, you might have something....

Rosa

Mom to;
Shiloh, 8.5 year old LCGSD
Shoshona, 7.5 year old LCGSD
Eli, 5 year old LCGSD

Every dog deserves to have a human that thinks they are the greatest dog that ever lived!
shilohsmom is offline  
post #5 of 35 (permalink) Old 10-23-2008, 06:10 PM Thread Starter
Crowned Member
 
shilohsmom's Avatar
 
Join Date: Jul 2003
Location: Northern California
Posts: 6,659
Re: Why is this legal?

Quote:
Originally Posted By: MaxGunnarand be sure to record it
Thanks. I now wear a tape recorder as a necklace anytime we are outside. I'm ready.

Rosa

Mom to;
Shiloh, 8.5 year old LCGSD
Shoshona, 7.5 year old LCGSD
Eli, 5 year old LCGSD

Every dog deserves to have a human that thinks they are the greatest dog that ever lived!
shilohsmom is offline  
post #6 of 35 (permalink) Old 10-23-2008, 07:26 PM
Master Member
 
mastercabman's Avatar
 
Join Date: Jun 2007
Location: norfolk,VA
Posts: 561
Re: Why is this legal?

Be careful,don't let your dogs outside by themself.

I would worry about your neighbors trowing meat with poison or something like it.

Try to train them not to eat anything that is outside.

Good luck!
mastercabman is offline  
post #7 of 35 (permalink) Old 10-23-2008, 07:27 PM
Master Member
 
Join Date: Oct 2007
Posts: 772
Re: Why is this legal?

In Canada it is an offence to threaten to burn, destroy or damage property or threaten to kill, poison or injure an animal or bird that belongs to a person.

Its hard to say what to do because the laws can be so different in every state, but I was thinking that if you reviewed the definition of a threat under your law, it may include damaging or destroying property. I thought I read somewhere that dogs were considered property. It all depends on how the laws are written and the case law set in your state. If they are considered property, you could argue they are threatening to damage your property. Its a long shot.
Police aren't trained as lawyers and laws can be so convoluted. Its not just simpy how laws are written but can be affected by decisions judges have made along the way. Sometimes laws can be applied in ways that Police don't even realize.
Maybe if you had a sit down with a Prosecutor (don't know what else they would be called, it would be a Crown Attorney here) in your area.
Oh and keep a log of all the incidents, date, times and any details. If it leads to something in the future it will help refresh your memory for EVERYTHING, and you will have that much more credibility.
novarobin is offline  
post #8 of 35 (permalink) Old 10-23-2008, 07:55 PM Thread Starter
Crowned Member
 
shilohsmom's Avatar
 
Join Date: Jul 2003
Location: Northern California
Posts: 6,659
Re: Why is this legal?

I check the yard daily before my dogs enter it. I had the extra 6' fence installed a good 15-20' from the property line to avoid them from easly tossing something over the fence or teasing them from the other side. And my dogs are never allowed out unless I am with them. (all good suggestions by the way).

I am trying so hard to find laws that would protect them more. So far I have not been successful, but that doesn't mean I'm going to give up. Right now, unfortunately, in the eyes of the law they are simply 'property', but your right, there should be a law against threatening my property.

A couple of weeks ago I installed a phoney video camera. It looks just like a real one and is made by a company that makes the real thing-this one just doesn't have working insides to it. Soon I will be investing in a real system. Until then everytime I'm outside I have a tape recorder on a cord around my neck-ready to record. This is just a nightmare.

Rosa

Mom to;
Shiloh, 8.5 year old LCGSD
Shoshona, 7.5 year old LCGSD
Eli, 5 year old LCGSD

Every dog deserves to have a human that thinks they are the greatest dog that ever lived!
shilohsmom is offline  
post #9 of 35 (permalink) Old 10-24-2008, 12:29 AM
Crowned Member
 
Join Date: Dec 2000
Location: Oregon
Posts: 15,878
Re: Why is this legal?

In the US you can threaten to kill a person & it is not (or wasn't back in about 1990) a crime.
middleofnowhere is offline  
post #10 of 35 (permalink) Old 10-24-2008, 12:41 AM
Crowned Member
 
selzer's Avatar
 
Join Date: May 2005
Location: Denmark, Ohio
Posts: 31,766
Re: Why is this legal?

They are notoriously slow to understand the impact of animals in the legal system. If a dog is attacking you, then maybe the sherriff will come. If the dog is attacking your dog, no way -- that is here.

If it was attacking me, the sherriff said to go ahead and shoot it, if it is attacking my dog, no way.

So the neighbors slimey mutt that they leave to its own devices can litterally tear up my show dogs on my property and if it happens, THEN I can take them to court to get the replacement cost of the dog -- whippee!

So they do NOTHING! And this is county-wide. Then when some nutter shoots the neighbor dog in his yard, everyone gets in a huff about it. I blame the sherriff for these incidents.

Sorry, but we have a leash law here. If it was enforced, if people felt they could call and get results, maybe most of them would not feel they HAD to take the law into their own hands.

So how does that apply to you, well if there is any comfort in knowing that your feelings are valid and you are not alone, then you have that. What to do about the system. Well, it is just too **** bad that IF something DID happen, you could not sue the law enforcement agencies and the judge.

On the flip side, the more dog-cases make it to the docket, the more the legislature will feel that they need to regulate dogs more and tax dogs more, and well some of what they put forth might not be what you are looking for at all.

Odie, Joy-Joy
Bear Cub, Hepsi-Pepsi
Cujo2, Karma Chameleon
Ramona the Pest, Kojak -- who loves you baby?
Tiny Tinnie, Susie's Uzzi, Kaiah -- The Baby Monster.
selzer is offline  
Sponsored Links
Advertisement
 
Reply

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the German Shepherd Dog Forums forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in










Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page



Similar Threads
Thread Thread Starter Forum Replies Last Post
Gaaaaaah! Why, why, why!?!?!?!? Emoore General Puppy Stuff 30 02-25-2011 07:13 PM
WHY WHY WHY??!!?? GSDLVR76 Chat Room 11 07-23-2009 01:13 AM
Why, why, why?? Drewberry General Puppy Stuff 11 12-22-2008 05:40 PM
Why why why.... kaylesraven General Information 19 07-10-2008 01:12 PM
Why why why????? CertainlySpoiled Feeding Our Puppy 10 05-18-2008 05:06 PM

Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome