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Please Somebody Help Me....

This is a discussion on Please Somebody Help Me.... within the Horse Law forums, part of the Horse Resources category
  • Colt mother dies , what to do
  • Mother died foal is 3 months

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    06-21-2012, 11:19 AM
  #11
Started
In both the threads you still talk about "waiting" to hear from someone.
IF all the information and documentation you have is real, then get to a lawyer immediately.. File charges. Get Animal Control involved. Forget the police,it is a civil matter and they can't do more than the law allows.
Get yourself in gear and fight for this foal.. But quit waiting, go door to door if you have to.............
     
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    06-21-2012, 01:58 PM
  #12
Weanling
I am at the DA's office now, I am getting a Restraining Order drawn up to have a judge sign stating that the BO must tell me where the colt is and that I must be able to obtain the foal and put him back with his mother until a hearing can occur. Finally a little hope, but not hoping too much because the last two days have been nothing but disappointment. After I get it drawn up I just have to find a judge who will sign it.
     
    06-21-2012, 02:05 PM
  #13
Showing
That's not a Restraining Order. An RO is so he can't have any physical contact with you, and has to stay a certain geographical distance from you.
     
    06-21-2012, 02:21 PM
  #14
Yearling
The termonology is a little wrong, but I can understand that with as flustered, and frustrated you must be.

I hope you can get a judge to sign it, I'm sure if you got the DA to write it up then you probably explained it very well. It makes sense that they would allow the baby to stay with the mother until the hearing. Good luck!
     
    06-21-2012, 02:31 PM
  #15
Super Moderator
I don't understand the need for a restraining order. What is the purpose of it?

I am also curious what the DA is telling you.
     
    06-21-2012, 02:32 PM
  #16
Showing
Drifting, in order for her to have her property returned, she has to file a lawsuit and get a court order in her favor. She just can't go to the DA and get something written up and signed by a judge.

Horses are property. The foal is 3 months old and will not die without his mother.

There's nothing a DA can do within the parameters of the law regarding property, except help her file a lawsuit against the BO. That's it. There is no magic paper that will get the foal returned to her today.
wyominggrandma and flytobecat like this.
     
    06-21-2012, 02:42 PM
  #17
Weanling
The petition is based on the well being of the colt not a determination of ownership.
redpony likes this.
     
    06-21-2012, 02:51 PM
  #18
Started
Yes, but then you could take the mare and foal and disappear with both of them if you get the foal from the BO.. Remember, just because a judge will sign the letter, it still has to get served and the BO can make himself scarce if he sees a police car drive up.
Hope you can get your foal back. Still have lots of doubts in my mind about this whole scenerio... Did you scan the letter to post like you said you would?
     
    06-21-2012, 02:51 PM
  #19
Showing
The petition STILL has to be filed with the courts. There is no secret, special way for you to circumvent the legal system.

All I can assume is that the DA is filing the petition on your behalf. Once it's been entered into the legal record, then a court date will be set for a hearing concerning to whom the foal belongs.

As long as the BO can prove the foal is in no danger physically, the animal can't be taken from him until the courts determine to which of you the foal belongs.
     
    06-21-2012, 02:53 PM
  #20
Weanling
I don't think the OP should worry about scanning and posting a letter to us. She has a lot of other things to do.
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Ink, egrogan, Nitefeatherz and 1 others like this.
     

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