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Neighbor Dog Aggressive On My Property

...call 911 and make an incident report on it. If you honestly think the dog is a threat to your family then you'll need to document the hell out of every incident so if you do have to act you'll have defense material. You'll most likely be charged with something if you do the shooting but that's small thing if it saves your son's life. Get as many agencies involved as you can and be a PITA about it or no one will listen.
This.
If you do ever have to act in self defense like this, definitely documentation is the key. Dated notes of conversations with neighbor and/or witnesses to the conversations. Documentation of HOA requests. And obviously 911 if you genuinely fear for safety as well as documentation with contacting animal control. It's too often not enough to be "right" when you act in self defense, you have to make it abundantly clear to anyone who may question your actions in order to mitigate negative consequences. You would almost always be better off not using a gun to solve a problem if it can be helped.

Even if you may be "legally" allowed to kill the dog, if there was another way to accomplish the same goal (even if it is a pain in the butt) it will likely be better for all involved (not least of whom yourself) to resolve things without killing the dog. Even if you believe yourself to be legally and morally justified in taking a life, that doesn't make it a good idea or free from negative consequences.
Hey folks. Need your advice on a legal matter. So the up front details. I live in a townhouse community. There are HOA posted leash laws for dogs and pets. When on common grounds you MUST have your dog leashed. I myself abide by them with my Boxer boy as he can be very hyper. This dog is a constant nuisance to other animals and people.

So I have a neighbor who routinely NEVER has her dog (pit/terrier mix) on a leash in a common ground open area behind our house. On the main level to this area it is open to our back doors. Last night before dinner my 2 year old son was standing inside at our back patio doors when out of nowhere this unleashed dog comes flying up to our backdoor snarling and barking at my son. I'm confident if the door wasn't closed this dog would have got my son. The owner was nowhere to be seen as she was on her porch. I of course EDC in my house regularly. My original response was "this dog is on my property at my backdoor aggressively trying to go after my son". My right should be to protect my family in any way necessary.

Question-do I have legal right to use lethal force on this animal if I feel my family or my life is in danger? Thanks in advance folks!

Generally the facts you gave of the back story, while good to know, I do not think would have much bearing at all in determining whether or not you would be justified in shooting the dog that night. Unless it established how fearful you were based previous behavior of the dog. Based on what you have said, I think the shooting would largely be determined by the facts of the immediate incident.. Were you or your son in "imminent danger".. yes or no? You seem to answer that be admitting the dog was not able to harm you or your son.

As a baseline I certainly do not value the life of any animal more than or even equal to that of a human. There is a clear distinction which of course would be made even more stark if that human is my child... However, generally speaking a dog's life should be valued. So while you may have felt your property rights somewhat violated by the dog running in your yard.. and/or felt scared by the aggressive behavior of the animal outside the door, it WAS outside of the door. Since you seemed to indicate that you and your son were not actually in "imminent danger" because the door was closed, then you going outside to kill the dog would not be considered necessary or unavoidable. It would be morally questionable and probably not legally on safe ground. It would be made even more tragic since it truly is the owner's fault, not the dog's.


Good luck with resolving this situation.
 
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Well you can do several things BUT if you don't want to deal with the hassel of dealing with a court case, angry neighbor, probably an HOA meeting, and all sorts of other lovely headaches then your best bet is to just call animal control and let them deal with it.
 
Man up?

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Bite the dog and show 'em who the alpha male is.

Never take legal advice from the internet and definitely don't adhere to stupid comments that could land yourself in jail.

Agreed. All foolishness aside, anything short of animal control and police report is questionable and ill advisable. But I would love to see you bite the dog though. :wacko:
 
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