Cease & Desist "Order" Is it Legal?

[sadlytrue]

My son, who lives in PA, I live in NJ, recently sent me a certified letter calling it a "Cease & Desist Order" to me. When I was recently hospitalized, I asked him to come & get the dog until I was discharged. When I was, he refused to 'allow' me to go & get the dog. He made accusations that the dog was allegedly malnourished and under exercised, an oxymoron in itself. The dog will be 13 on Jan 18, 2014. Because he lives in PA, his city PD told me one thing about this letter & on how to go about getting my dog, while my township PD in NJ told me something else & I'm caught in the middle.

Furthermore, he created a blog about me, making many false accusations, which I can prove are false, posted the link on a social network page, for all mutual family & friends to view, which I do believe is libel, resulting in numerous people removing me from their network. As embarrassing as that is, at this time, all I want is to get my dog back.

Is HIS letter an actual legal document & binding? He stated that if I tried to go get the dog, even with the PD, that they better have a warrant. I have all the papers on the dog. This is just an sheer act of defiance on his part & nothing more.

What can I do? Rem, he is in PA & I am in NJ. TY

 

[LdiJ]

My son, who lives in PA, I live in NJ, recently sent me a certified letter calling it a "Cease & Desist Order" to me. When I was recently hospitalized, I asked him to come & get the dog until I was discharged. When I was, he refused to 'allow' me to go & get the dog. He made accusations that the dog was allegedly malnourished and under exercised, an oxymoron in itself. The dog will be 13 on Jan 18, 2014. Because he lives in PA, his city PD told me one thing about this letter & on how to go about getting my dog, while my township PD in NJ told me something else & I'm caught in the middle.

Furthermore, he created a blog about me, making many false accusations, which I can prove are false, posted the link on a social network page, for all mutual family & friends to view, which I do believe is libel, resulting in numerous people removing me from their network. As embarrassing as that is, at this time, all I want is to get my dog back.

Is HIS letter an actual legal document & binding? He stated that if I tried to go get the dog, even with the PD, that they better have a warrant. I have all the papers on the dog. This is just an sheer act of defiance on his part & nothing more.

What can I do?

No, its not a "legal" document...and no, its not in any way binding. However, the police might decline to get involved and consider it a civil matter. Which means that you might have to sue him over the dog. As a pet owner myself I honestly understand how you feel. However, it might be a whole lot less expensive to just get another dog. I am sorry to say that, but based on the dog's age the dog might be deceased before a case made it all the way through court.

 

[sadlytrue]

No, its not a "legal" document...and no, its not in any way binding. However, the police might decline to get involved and consider it a civil matter. Which means that you might have to sue him over the dog. As a pet owner myself I honestly understand how you feel. However, it might be a whole lot less expensive to just get another dog. I am sorry to say that, but based on the dog's age the dog might be deceased before a case made it all the way through court.

I was hoping you weren't going to say that. I wanted to use NJSA 2C:20-2 Theft of Moveable Property, based on the 2 reasons necessary to be found guilty:

1) That he: knowingly, took the dog and

2) My was a minor when we got the dog, and as such, was my legal responsibility, with the documents and veterinary responsibilities associated with owning a dog
.

However, my town said I couldn't use that because I let him take the dog. IDK if they told me that because they didn't want to be bothered filing the charges because my research indicated that it was applicable. Since I'm not a lawyer, I just don't know. Furthermore, as for a civil complaint, they told me it would be in small claims & I'm not putting a $$$ amt on my dog.

Were they right about NJSA 2C:20-2 or just blowing me off?

 

[justalayman]

However, my town said I couldn't use that because I let him take the dog.

you did, correct? That would be like claiming a valet stole my car after I gave them the keys and asked them to park it for me.



so, what did the cease and desist demand you stop doing?


You can call the police and report him refusing to allow you to pick up your dog. If they will do anything, great. If not, you will have to sue him in court. They are not going to charge him with anything.

so a bit of research to see if your small claims courts will issue a writ of replevin (or a claim and deliver). If so, you can seek the return of the dog. If not, you will have to sue for the value of the dog. Those are your choices. If you refuse to seek a return of the dog soon, your son will be able to lay claim to the dog since you would be abandoning it.

 

[sadlytrue]

you did, correct? That would be like claiming a valet stole my car after I gave them the keys and asked them to park it for me.



so, what did the cease and desist demand you stop doing?


You can call the police and report him refusing to allow you to pick up your dog. If they will do anything, great. If not, you will have to sue him in court. They are not going to charge him with anything.

I like that analogy about the valet, although when you give the valet the keys, it isn't for them to steal the car, it's for them to park the car. He took the dog because I was hospitalized (emergency) to take care of the dog, until I got out, not to keep her. Aren't both of those examples of theft by deception of some sort?

The C & D my son sent me said to stop emailing & texting, not that it was excessive by any means & that the dog was malnourished & under exercised when he got her, totally not true. Malnourished is thin & skeltonal & under under exercised is usually obese.

Even if I went to his house with the PD, he said he wouldn't allow anything unless they had a warrant.

Yes, I'm worried about the length of time he keeps the dog. I will look into the small claims you suggested! TY!

 

[justalayman]

sadlytrue;3235850]I like that analogy about the valet, although when you give the valet the keys, it isn't for them to steal the car, it's for them to park the car

.but none the less, it was taken with permission. That changes everything.

He took the dog because I was hospitalized (emergency) to take care of the dog, until I got out, not to keep her.

No. He took the dog because you asked him to. If he just took it without your permission, that would be theft but you asked him to care for the dog while you were in the hospital.

Aren't both of those examples of theft by deception of some sort?

nope.

The C & D my son sent me said to stop emailing & texting,

so you have been warned. If you continue to email or text, he may be able to file a report of harassment.

not that it was excessive by any means & that the dog was malnourished & under exercised when he got her, totally not true.

Malnourished is thin & skeltonal & under under exercised is usually obese.

that still would not give him a right to keep the dog.

Even if I went to his house with the PD, he said he wouldn't allow anything unless they had a warrant.

so, if the police threaten to arrest him if he does not relinquish the dog he is going to allow himself to be arrested?

and there would be no warrant (in regards to retrieving the dog). It would be a court order and there won't be one unless you go to court to get one.


contact the police in his area (since 2 states are involved, you would have to deal with the police in his area). Ask them if they will assist you. They may agree; they may not. Depending on what they say, plan your next step.

 

[sadlytrue]

.but none the less, it was taken with permission. That changes everything.

No. He took the dog because you asked him to. If he just took it without your permission, that would be theft but you asked him to care for the dog while you were in the hospital.

nope.


so you have been warned. If you continue to email or text, he may be able to file a report of harassment.

not that it was excessive by any means & that the dog was malnourished & under exercised when he got her, totally not true. that still would not give him a right to keep the dog.

so, if the police threaten to arrest him if he does not relinquish the dog he is going to allow himself to be arrested?

and there would be no warrant (in regards to retrieving the dog). It would be a court order and there won't be one unless you go to court to get one.


contact the police in his area (since 2 states are involved, you would have to deal with the police in his area). Ask them if they will assist you. They may agree; they may not. Depending on what they say, plan your next step.

Ok so a few things yes & a few things no. My son said he wouldn't let the PD in without a warrant, although IDK if they would mention arresting him if he refuses to relinquish the dog. I have not contacted him since he sent me his certified letter with the so-called "Cease and Desist Order".

The PD in PA did say they would assist me & I'm going to proceed with that. I'm going to try attacking this from both states as I'm waiting for NJ to schedule a mediation, since they wouldn't let me press charges.

Thank you so much for your input! If anything, I feel a bit better about what I can & can't do!