Dog Abuse and Neglect: You Can Do Something About It

If you discover a dog that you suspect is being neglected or abused, call an Animal Control officer if there is one in your locale, or a police officer if there is not. You may or may not get a good response from them, but these are the people who know how to investigate and then prosecute animal abuse cases. Some states consider animal abuse a misdemeanor, and others a felony, and that will determine how seriously officials take the case. Theresa Welch, J.D., an experienced animal cruelty prosecutor in California and New Mexico, suggests the following steps you can take to pursue the matter of dog abuse or neglect:

1. Try to talk to the owner and educate him/her on proper animal care. That may be all it takes to stop the abuse.

2. If that fails, start keeping detailed written notes of your observations, answering the questions who, what, when, where, why, and how. Also take photos, but avoid trespassing. Note the names of each person who observes the situation and the dates and times of observations. Record the dog’s condition: his weight; any sores, wounds, or bruises; is he frightened of people; does he have food, water and shelter. Note the names of the people responsible for the dog if you can find that out. You may have to take notes for a period of time in order to prove your case in court, especially if the dog is being starved, or he is ill or injured and not getting veterinary care.

3. If you feel it is an emergency, get help immediately, but remember that if you enter private property you could have a trespass charge filed against you. So it’s better to call law enforcement (Animal Control or the police) to do the rescue with a search warrant. But if you believe that the dog is in imminent danger of dying or being killed and there’s no time to contact the authorities, saving him yourself is probably the kindest option.

4. Write a letter every time you talk to anyone in the official chain of command about the case so there is a paper trail that can be used in court.

5. Get to know your local prosecutor and consult with him or her about animal cruelty.

6. Be aware that cruelty and abuse cases can be prosecuted with only circumstantial evidence. The acts don’t have to be seen directly.

7. Get copies of all reports that law enforcement files on the matter, and if you find inaccuracies, let them know in a letter. If they do not pursue it, ask to speak with the next person in the chain of command. In felony cases, a citizen can file a complaint, but the legal charges are actually brought by local prosecution. In misdemeanors, a citizen can bring charges, but there is a danger of being charged with malicious prosecution if you can’t prove your case. So proceed with caution and consult an attorney when in doubt.

8. It may or may not be a good idea to go to the local press with the animal abuse story and get media attention, but be careful because you could be charged with libel or slander by the person you’ve accused of the cruelty through the media.

However you decide to go about it, saving a dog from neglect or abuse should be worth all the hassle of building a good case against the abuser. Make sure you do your homework. The dog’s life and who he spends it with may ultimately depend on you.