Legal Question in Civil Litigation in Massachusetts

Re: Pet Custody

I think you need to speak with an attorney in person. While I see that two other attorneys have already responded to your post and have given you slightly different opinions, I think it is difficult for any attorney to give you really good advice in this bulletin board format, because it's just too difficult to figure out the nuances of what is really going on here. As I read the two opinions given by the other attorneys, it seems to me that either one of them could be correct, but it's too difficult to figure it out your best course of action without being able to talk to you in person.

Re: Pet Custody

When it comes down to it, it sounds as though the dog was a gift to you and your ex. It also sounds like you took the initiative to care for and pay for the dog during your relationship, and your ex more or less abandoned the dog.

This is something that you really need to work out with your ex if you are able. I would not advise that you get a restraining order unless you are truly frightened for your safety. I would not advise using it as a tactic to harm your ex or prevent him from have access to the dog.

In the end, you need to decide how attached you are to the dog. If you are only moderately attached, then perhaps the ex can compensate you for all vet bills and credit card expenses in exchange for the dog. Or perhaps the dog is something you are not prepared to give up, in which case you should speak with an attorney in order to protect your rights.

Re: Pet Custody

As much as you want to protect the dog, your first obligation is to protect yourself. I would go get the restraining order. I would probably suggest the Probate and Family Court instead of District Court, because the "equity" action of "quieting title" to the dog can also be brought there, if necessary. Frankly, too, if he is kept away from you and your property, he cannot legally approach the dog.

Mind you, you must be truthfully and reasonably be afraid of abuse at the hands of the ex-boyfriend to seek this relief. This is not a legal remedy to be abused.

Dogs are, as you understand, property. Issues of ownership are dealt with primarily in Superior or District Court. If the boyfriend has a history of violent behavior as you allege, I suspect that the courts will favor you if at all possible under the law.

The facts you recite certainly seem helpful in establishing the agreements regarding ownership.

This may, bizarrely enough, be more of a case of animal rights than your rights. You might consider discussing the issues of alleged abuse with your municipality's animal control officer to determine how he or she approaches cases of alleged cruelty.