Fake Animal Cruelty charge

This is a discussion on Fake Animal Cruelty charge within the Small Claims Courts forum, part of the ATTORNEYS, COURTS, LITIGATION category; Hi All: I happen to have a neighbor, a section-8 tenant, with whom I do not have good relations. I ...

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Old Jun 9th, 2009, 02:27 PM   #1
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Default Fake Animal Cruelty charge

Hi All:

I happen to have a neighbor, a section-8 tenant, with whom I do not have good relations. I own my property and have complaint to her and police numerous time of her trespassing on my private property. Month ago, she tried to poison my dogs, I immediately removed the food, made them vomit it out, but since one dog has been lethargic. Since then I keep my dogs inside away from my neighbor. I assure all, I do honestly keep my dogs in best health.

Few days ago, she falsely called the animal control alleging that she and her boy friend (both whom I had warned not to come to my property) that they "saw me kicking my dogs".

So, the animal control landed on my home and they demanded that they see my dogs. The animal control officer seemed very inclined to find something, and he noticed one of my dogs partially lame, he presented me with 2 options.

- he'll take away my dog, I wont see my dog again, and that'll be end of story.
- I can escort him to an Emergency, Vet will inspect the dog, I'll pay charges and if Vet clears, I'll get my dog back.

As my heart was clean, I knew it was false report, I took the 2nd option. The vet checked my dogs, did his tests and wrote: "radiographs abnormal ... muscle mineralization noticed ... no fracture is seen ... poison could not be ruled out ... abuse is very unlikely and no evidence at this time". At that point, Officer apologized to me and in no time ran away, leaving me with a $500 bill.

Question:
- Could I get my 500$ from the neighbor. Should I go to Small Claims court or the Magistrate? Could they force her to pay these charges?
- Ideally, I'd like to get her convicted, a misdemenour charge (the same charge that Animal Control were threatening me of, before the Doctors report). Do I have a strong case?

Reason I have hesitated going to court so far is. I'm already humiliated facing so much so far, and if I lose the case, it'd be more insult to injury. (Though I do think, I should take initiative as being accused of animal cruelty is serious, and people shouldn't just get by it)
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Old Jun 10th, 2009, 09:04 AM   #2
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Default Re: Fake Animal Cruelty charge

You could file in small claims if you can argue she made the report in bad faith and had no evidence, and was just harassing you.
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