What to do if my ex-husband gave my son a dog but we didn’t have the time to care for it properly so found it a home but now my e xis suing me for theft of movable property?

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What to do if my ex-husband gave my son a dog but we didn’t have the time to care for it properly so found it a home but now my e xis suing me for theft of movable property?

He said he would take the dog back if he was too much for us. We ended up not being able to give him proper attention (kids in school all day and I work). Our 2 children (13 and 14) said they would rather put the dog in a shelter than return him to their father’s abusive care. They saw him beating his 4 dogs with his fist, bat and rake. We placed the dog with a nice family that we interviewed. Do I have a chance of getting the criminal charges dismissed based on me testifying as to his animal abuse?

Asked on February 24, 2015 under Criminal Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You have a good chance of having the criminal charges dismissed when you testify about your ex-husband's history of animal abuse.

It would also be advisable to sue your ex-husband for abuse of process (abuse of the legal process for filing this frivolous case against you).  Your lawsuit for abuse of process should also include an additional, separate cause of action (claim) for intentional infliction of emotional distress.

Intentional inlfiction of emotional distress is an extreme and outrageous act intended to cause and which did cause you emotional distress.  This occurred when your husband filed his frivolous case against you.


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