ANIMAL LAW IN FAMILY OR DOMESTIC CASES INVOLVING ABUSE
In many family law cases, not only are the members of a family abused, but the animals which live at the home may also suffer abuse directly. Although "animal law" is a somewhat new field of law, in general, it tends to encompass many other areas of law which may include contractual disputes, dangerous dog litigation, Section 1983 (civil rights) litigation, custodial disputes, malpractice, nonnegligent and statutory torts against animals, negligence, landlord disputes, criminal law issues and cruelty to animals, bankruptcy issues, valuation of animals, service of animals, emotional support animals, consumer protection issues, and even product liability.
Attorney has participated in case litigation involving animal law issues, including working with experts in the field of animal law such as veterinarians, breeders, rescues, SPCAs, non profits and hobby breeders/sellers. In particular, attorney has consistently followed animal law litigation as it relates to CA Penal Code 597 and PC 597.1, which involves animal seizure.
Most criminal law attorneys do not know much about animal law seizure in California. It is a very difficult statute due to the purposely designed motive behind the law, which is to eliminate breeders of animals, and to make it more difficult to actually buy an animal, in particular, puppies. Although that may sound like nonsense, in fact the CA legislature passed a law which makes it illegal to SELL any puppy or kitten in a pet store (retail) UNLESS that animal was obtained from a non profit source or animal shelter, and the entity selling the animal MUST be a non profit entity.
CONTRARY TO FACTS, non profit entities often say things like this:
...[so and so.."estimates that at least a quarter of the animals that come through the humane society's doors are purebred – meaning they were likely sold by a commercial breeder."]
To the contrary----MOST of the so called "commercial breeders" that sell puppies, are not the breeders whose dogs end up in shelters. In fact, most of those puppies never end up in shelters, because IF THEY DID, they would be sold INSTANTLY.
The alleged "commercial" aspect has been used by HSUS (Humane Society of the USA) to stop the sales of puppies from pet stores---but in CA, there are almost no pet stores that actually sell puppies anymore, because animal activists have gotten rid of such stores, and taken over the selling themselves, as evidenced by the new law?
There are only two breeds of dogs that normally end up in shelters, and usually in poorer areas: pitbulls and pitbull mixes, and chihuahua and chihuahua mixes. It is actually extremely hard for dog rescues to even get their hands on ANY puppies, and IF they do, it's normally because someone gave them away, OR because they had to BUY them. In today's world, people in CA do NOT usually give puppies away at all. They may give away kittnes, but NOT puppies.
This is almost a universal fact. and attorney herein knows this all too well, because attorney did animal rescue for at least 7 years, and saw people in rescue groups fighting to gain control over puppies so they could resell them. Our advice for puppy buyers is NOT to buy a puppy from a rescue at all. You will never know the real background of the dog. It is best to buy from a breeder that has sold to someone you know, who has dogs with proven temperament/is pet quality. The dog does not need to be show quality (unless you want show quality-- then it's more expensive...) and also, nearly all counties now force owners to neuter their animals by 4mo. old.
There is a difference between altering/neutering vs tubal ligation. The altering (removing all reproductive organs) will affect the dog, especially the growth plates and hormone system. Scientific evidence now proves that it is actually harmful to the dog. Most vets do not even know this and most will not tell you this.
http://www.petbusiness.com/California-Passes-Pet-Sale-Ban/
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