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Restraining Order - Partner's Pets

California |
Filed under: Divorce

I have a 6-month restraining order against my husband, divorce pending. Both of us have vacated the residence (I have vacated out of fear, my partner has vacated due to a move-out order). He has outdoor pets from pre-marriage which he has neglected to pick up on 4 separate approved occasions. These pets are not friendly with me (and roam beyond our property) and I was unable to round them up ahead of his scheduled property retrieval visits (injury resulted on my last attempt). He has made no attempt to round them up himself (did not even utilize the full allotted property retrieval time).

I am now living elsewhere (more than a day's travel) and do not have anyone who can care for these animals. What can I legally do without risking a future lawsuit from ex or animal neglect charge?

Attorney Answers 1


  1. You need to ask your divorce attorney this question because I can see this turning into a huge mess. If you do not have an attorney, then you should contact your judge's clerk and ask what the best course of action is - they may well tell you that you need an attorney. The State Bar of California can give you a referral: http://www.calbar.ca.gov/state/calbar/calbar_home.jsp

    You may also want to contact animal control and see if they can assist in getting the animals rounded up.

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