What is the name of your state (only U.S. law)? Pennsylvania
Since I last posted, I got a much better job and was able to keep paying my mortgage without the ex's help. She came in November to collect the rest of her things and has not been back to the house since. Since then, I adopted a Doberman 3 years old for a companion with my other Doberman.
2 weeks ago, I left for work, and left the dogs out as I usually do. What I did NOT know, was that my ex left some expensive work things in the basement tucked away that she wanted back.
She sent her I guess now boyfriend - who is in the Army in MD - to the house to get them. She "gave" him permission to enter and get the things. HOWEVER, the keycode access plate on the door will sometimes refuse to operate in extreme cold, and must be tried alot of times. She KNOWS this too.
The boyfriend could not get the keycode to work, called her, and she ASSUMED I had changed the code to prevent her access. She told him to kick in the door. He broke the door down, entered and went into the kitchen.
As soon as he entered, the Doberman I adopted just STOOD in his way into the kitchen, and the man tried to scare him away by kicking out. The Doberman then attacked him and bit his forearm, crushing his two arm bones and severing the radial artery.
He called 911 on his cell phone, and the Police and Paramedics arrived and took him to the Hospital. I was notified of the incident and told to come to the Police station and/or animal control officer where my Doberman was being held for a case review.
Since the ex moved out, I installed three wireless cameras that transmit to a hard drive, that are activated by shattering glass or sounds above 100 decibels. I retrieved the footage on a DVD, showed it to the police, and it was clear this man threatened the dog and the bite was justified. They didn't even have a single problem muzzling him and taking him to the local shelter. They released my dog back to me without penalty.
Now, the ex has filed a special petition with the Court to have me removed from the house for keeping a "dangerous dog" on the property. No such motion or paperwork was filed by the local Police, Animal Control, or Municipal Court for criminal charges.
However, I am told the Family Court Judge CAN declare a dog "dangerous", separate and apart from normal procedures and rules the Police, animal control, or other Municipal Courts do. I was also advised I would NOT be able to use the video footage since it also recorded AUDIO. 30 seconds BEFORE to 5 minutes after the loud noise triggers the sensor are archived. You can CLEARLY hear this man talking to my ex on the phone before the kickdown because the microphone sensor is on the same wall right be the outside door. I am told this makes the video possibly unable to be used validly in a family court.
Essentially, I am asking if a Family Court judge can really disregard the judgement of the police and animal control, and disallow video footage that shows the attack was clearly justified and have the dog removed and destroyed, as well as force me to vacate the house?
Since I last posted, I got a much better job and was able to keep paying my mortgage without the ex's help. She came in November to collect the rest of her things and has not been back to the house since. Since then, I adopted a Doberman 3 years old for a companion with my other Doberman.
2 weeks ago, I left for work, and left the dogs out as I usually do. What I did NOT know, was that my ex left some expensive work things in the basement tucked away that she wanted back.
She sent her I guess now boyfriend - who is in the Army in MD - to the house to get them. She "gave" him permission to enter and get the things. HOWEVER, the keycode access plate on the door will sometimes refuse to operate in extreme cold, and must be tried alot of times. She KNOWS this too.
The boyfriend could not get the keycode to work, called her, and she ASSUMED I had changed the code to prevent her access. She told him to kick in the door. He broke the door down, entered and went into the kitchen.
As soon as he entered, the Doberman I adopted just STOOD in his way into the kitchen, and the man tried to scare him away by kicking out. The Doberman then attacked him and bit his forearm, crushing his two arm bones and severing the radial artery.
He called 911 on his cell phone, and the Police and Paramedics arrived and took him to the Hospital. I was notified of the incident and told to come to the Police station and/or animal control officer where my Doberman was being held for a case review.
Since the ex moved out, I installed three wireless cameras that transmit to a hard drive, that are activated by shattering glass or sounds above 100 decibels. I retrieved the footage on a DVD, showed it to the police, and it was clear this man threatened the dog and the bite was justified. They didn't even have a single problem muzzling him and taking him to the local shelter. They released my dog back to me without penalty.
Now, the ex has filed a special petition with the Court to have me removed from the house for keeping a "dangerous dog" on the property. No such motion or paperwork was filed by the local Police, Animal Control, or Municipal Court for criminal charges.
However, I am told the Family Court Judge CAN declare a dog "dangerous", separate and apart from normal procedures and rules the Police, animal control, or other Municipal Courts do. I was also advised I would NOT be able to use the video footage since it also recorded AUDIO. 30 seconds BEFORE to 5 minutes after the loud noise triggers the sensor are archived. You can CLEARLY hear this man talking to my ex on the phone before the kickdown because the microphone sensor is on the same wall right be the outside door. I am told this makes the video possibly unable to be used validly in a family court.
Essentially, I am asking if a Family Court judge can really disregard the judgement of the police and animal control, and disallow video footage that shows the attack was clearly justified and have the dog removed and destroyed, as well as force me to vacate the house?
