lisa russell said:
Navarre Florida
5 weeks ago my family was given a dog from a neighbor who wanted to get rid of him- they had an add in the newspaper. After 2 weeks they started begging for the dog back- offering money and other items. It reached the point of harrassment- they called up to 7 times a day and would come to the door- now they just drive by our house slowly and look at us. Is there any type of restraining order we can get? Now they had a lawyer send us a letter stating that the dog must be returned within 5 days- it sounds threatening and also offers $1,000 for the dog. Do they have any legal rights to an animal that they gave away?
My response:
If everything is as you describe it (i.e., you have the "give-away" advertisement) and other documents that evidence the "gift", then they have no rights to the animal.
You may wish to consider obtaining an Order of Protection (or Restraining Order) due to the ongoing problem, using the Florida Anti-Stalking statute.
Here's the Florida Anti-Stalking Statute :
Section 784.048. STALKING; DEFINITIONS; PENALTIES. 1997.
(1) As used in this section, the term:
(a) "Harass" means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.
(b) "Course of conduct" means a pattern a conduct composed of series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct." Such constitutionally protected activity includes picketing or other organized protests.
(c) "Credible threat" means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person.
(2) Any person who willfully, maliciously, and repeatedly follows or harasses another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who willfully, maliciously, and repeatedly follows or harasses another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury, commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Any person who, after an injunction for protection against repeat violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person that person's property, knowingly, willfully, maliciously, and repeatedly follows or harasses another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) Any person who willfully, maliciously, and repeatedly follows or harasses a minor under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, so. 775.083, or s. 775.084.
(6) Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.
Good luck to you.
IAAL
