Do I have a civil suit?

[mizzh]

What is the name of your state (only U.S. law)? Illinois


Can I file a civil suit for-
Leaving my husband, when I was moving out he grabbed my dog by the collar and claimed marital property. (we have 3 dogs and I had been kicked out of the house before, the dog went with me because she was mine prior to marriage, a gift from what was then, my future husband and I can prove all of this!)
My husband is a tow truck driver and works for our local police. When I called the cops, one of his buddies and a new cop showed up. I had all my paperwork proving she was mine prior to marriage, all of her registration, etc. They ended up making me leave her and giving her to my soon-to-be-ex. Claiming that they went off my physical address when the dog was purchased.
I am currently filing for divorce and temporary relief of my dog. I go to court next Thursday to get her back. I have vet records, the breeder offered to speak the truth, all of her registration, etc. My dog was even registered to my OTHER address when my husband had kicked me out.
Anyhow, I believe there was misconduct in the decision, knowing the police and my husband are best buddies. I have been a total wreck, no sleep, stress, missed work twice.. I know people think she is "just a dog" ... but not to me. I feel as though the police whispers weren't in my favor due the prior relationship with my husband.
Once I get her back, can I sue for emotional distress and negligence? I have been to the doctor multiple times for my anxiety and panic attacks.
This was WRONG!
Please advise?

 

[LdiJ]

What is the name of your state (only U.S. law)? Illinois


Can I file a civil suit for-
Leaving my husband, when I was moving out he grabbed my dog by the collar and claimed marital property. (we have 3 dogs and I had been kicked out of the house before, the dog went with me because she was mine prior to marriage, a gift from what was then, my future husband and I can prove all of this!)
My husband is a tow truck driver and works for our local police. When I called the cops, one of his buddies and a new cop showed up. I had all my paperwork proving she was mine prior to marriage, all of her registration, etc. They ended up making me leave her and giving her to my soon-to-be-ex. Claiming that they went off my physical address when the dog was purchased.
I am currently filing for divorce and temporary relief of my dog. I go to court next Thursday to get her back. I have vet records, the breeder offered to speak the truth, all of her registration, etc. My dog was even registered to my OTHER address when my husband had kicked me out.
Anyhow, I believe there was misconduct in the decision, knowing the police and my husband are best buddies. I have been a total wreck, no sleep, stress, missed work twice.. I know people think she is "just a dog" ... but not to me. I feel as though the police whispers weren't in my favor due the prior relationship with my husband.
Once I get her back, can I sue for emotional distress and negligence? I have been to the doctor multiple times for my anxiety and panic attacks.
This was WRONG!
Please advise?

I totally understand how you feel about your dog. However no, you cannot sue for something like that. Even if the cop had not been buddies with your ex the same results might have occurred.

 

[mizzh]

I totally understand how you feel about your dog. However no, you cannot sue for something like that. Even if the cop had not been buddies with your ex the same results might have occurred.

UGH... I figured that might have been the case. Although, I also believe that if I hadn't been in my emotional distressed state of mind, I would have been aware enough to call the STATE POLICE instead of the local police.

In the end, this falls on my shoulders. I should have taken my dog first, then got the rest of the stuff. Total torture and I hate myself for not thinking it through better. He is now using my dog against me. He offered to give me my dog back if I walk away empty handed.

That makes me even more MAD.

 

[Ohiogal]

UGH... I figured that might have been the case. Although, I also believe that if I hadn't been in my emotional distressed state of mind, I would have been aware enough to call the STATE POLICE instead of the local police.

In the end, this falls on my shoulders. I should have taken my dog first, then got the rest of the stuff. Total torture and I hate myself for not thinking it through better. He is now using my dog against me. He offered to give me my dog back if I walk away empty handed.

That makes me even more MAD.

Dogs are PROPERTY. This would be a civil issue and something you would have to go to court about in the divorce. the POLICE are not going to make such decisions. Not local or civil. If a dispute they are going to say you can't take the dog because it is a civil issue to be determined in the divorce. You are going to be in for a shock during the divorce quite frankly.

 

[mizzh]

Dogs are PROPERTY. This would be a civil issue and something you would have to go to court about in the divorce. the POLICE are not going to make such decisions. Not local or civil. If a dispute they are going to say you can't take the dog because it is a civil issue to be determined in the divorce. You are going to be in for a shock during the divorce quite frankly.

Quite frankly, you don't know all the details. You know a shortened version. So, I won't take much from your comments.

 

[Zigner]

Quite frankly, you don't know all the details. You know a shortened version. So, I won't take much from your comments.

We know what you tell us

Not that it changes the accurate response our resident family-law attorney gave.

 

[Proserpina]

Quite frankly, you don't know all the details. You know a shortened version. So, I won't take much from your comments.

This isn't brain surgery.

Dog = property.

Details = not really that important.

OhioGal's response = legally correct, and you'd do well to mind your manners.

 

[Ohiogal]

Quite frankly, you don't know all the details. You know a shortened version. So, I won't take much from your comments.

Quite frankly, I know the law and you don't. Quite frankly, you need to educate yourself before a court educates you the hard way. I won't take much from your ignorance or rudeness. Carry on.