Ask a lawyer on the topic of Other questions to lawyers

I want my dog back.

August 14, 2015 | 90,00 EUR | answered by Jan Wilking

I live in Hessen.

I submitted all documents or personally spoke to the regulatory office on Monday, 10.8.15 and asked them to grant me a temporary permission to keep my dog. I submitted the following documents: proof of dog tax payment, liability insurance for dogs, Tasso registration, chip number and vaccination record, police clearance certificate.

They told me that they would call me on Tuesday, 11.8.15, they have my mobile phone number. But on Tuesday, 11.8.15, I received no call, and I waited the following days for a call, but nothing, not even a letter. So today, Friday, 14.8.15, I called the regulatory office to find out the current status of the matter. The employee responsible for the case then told me: No, you will not get the dog, you have not provided proof of expertise. The dog will remain at the animal shelter.

I had asked for a temporary permission to keep the dog, and in order to provide proof of expertise, I need my dog... without the dog, I cannot take the expertise exam. What should I do now? My Rottweiler has never been aggressive in her whole life and is now 13 months old. The animal shelter told me today when I asked about my dog's condition, that my dog is very sweet and affectionate. I asked if I could at least see/visit her, and the answer from the animal shelter was: No.

Do I even have a chance of getting my dog back? Nothing has ever happened, and I have always been careful with my surroundings, my fellow human beings, and always kept my dog on a short leash.

The problem is that I do not have permission to keep dangerous dogs or proof of expertise. But I can only provide that if I have my dog, because without the dog, I cannot take the expertise exam.

What should I do now? Does it make sense to file for an injunction to return my dog against the regulatory office? I don't understand the world anymore... I am standing here and no one is telling me what to do, not even the animal shelter, where I have been calling for almost 2 weeks to inquire about my dog's condition. They could have also told me that they work with dog trainers and experts.

Thank you for a response.

Jan Wilking

Dear seeker of advice,

Thank you for your inquiry, which I would like to answer as follows:

I cannot understand the legal behavior of the authorities. § 3 paragraph 2 HundeVO Hessen states:

If the authority becomes aware of a dangerous dog, it shall grant a provisional permit to keep the dog upon request, provided that the conditions of paragraph 1 nos. 1 (at least 18 years old), 5 (appropriate care ensured), 7 (liability insurance) and 8 (dog tax) are met and there are no indications of the unreliability of the owner.

In addition, there is also § 4 paragraph 4 HundeVO Hessen:

Proof of expertise must be provided and the temperament test must be carried out only when the dog is fifteen months old, unless it has previously shown aggressive behavior or comes from an aggressive breeding. Until then, a provisional permit can be granted if the other requirements are met.

Therefore, based on your description, I see no reason why a provisional permit is not being granted here. Since your dog is not yet 15 months old, proof of expertise does not need to be provided yet.
You should politely draw the attention of the case officer to the mentioned regulations and request the provisional permit. If this continues to be denied, you should hire a local attorney to assert your rights.

I hope I could help you and remain

Yours sincerely,
Jan Wilking, Attorney at Law