Legal advice on defending your dog

[Diva]

I doubt you would be fined for pushing it back if it comes within arms reach. But it may redirect on you, or the owner react with aggression. I have had to string dogs up by their collars to keep them off mine, owners were not impressed but better than my dogs being bitten. It does rely on one's own dog staying calm and out of the way. And you accepting the risk you may cope a bite if it is that aggressive. Unlikely to resolve the issue if you keep running into them, it will eventually escalate.

[melzawelza]

2 hours ago, Ben89 said:

 

Its so easy to say oh just talk to the owner but when you have a 45kg male entire Rottweiler in one hand and are pulling him back from a 50kg entire male American staffy it's a bloody tense situation.

 

 

 

 

I agree with the other comments on this thread to speak to the owner (without your dog) calmly and ask him to keep  his dog away, if no joy you need to either avoid the situation or call the Council. 

If unleashed dogs run up to mine yep I'll kick them or shove them away with my leg if I have no other option, but there's always the chance of the dog redirecting on you or you copping a bite aimed at your dog, so best to avoid that if possible. 

One more thing to add - if the dog is 50kg and weighs more than your entire male Rotty it's not an Amstaff. 

[tdierikx]

Your best course of action is unfortunately all of the options you say you can't be bothered doing...

 

I wouldn't be kicking out at a 50kg dog myself - and if you do, it's owner might just report YOU, and then who will be in the poop?

 

Put your big boy pants on and call the bloody council, OK?

 

T.

[Maddy]

2 hours ago, Ben89 said:

 

Doesn't matter how many times I explain I can't take a different route or I can't avoid the dog. 

 

i just wanted to know if I had to push it away with my foot and give it a shuv in the act of defence whether I would get fined for it

See, Rebanne, how wrong were we. He doesn't want to kill the other dog, he'd just like to kick it "shove" it with his foot.

And given he is forced to walk his dog in some sort of inescapable, one-way gauntlet that somehow also prevents any other reasonable response, who are we to judge.

 

 

[Rebanne]

4 minutes ago, Maddy said:

See, Rebanne, how wrong were we. He doesn't want to kill the other dog, he'd just like to kick it "shove" it with his foot.

And given he is forced to walk his dog in some sort of inescapable, one-way gauntlet that somehow also prevents any other reasonable response, who are we to judge.

 

 

 

maybe kill was a bit strong then.

[~Anne~]

It sounds like a contest about who has the biggest old fella.  

 

If the dog is lunging at you, your only legal and sensible course of action is to reprot it to the council and to avoid the area until it is sorted. 

 

I know, that doesn't allow you to puff your chest and be a real man, but it is a solution.  

[Dogsfevr]

And also if your confident staring and asserting your dominance will go along way.

For worst case scenarios which I always have on my person, but have never had to use is a mechanics mini mallet.

 

I gather the OP has tried these two options as this was part of his reply to unleashed dogs 

[Scrappi&Monty]

As previously mentioned, if you try to shove the other bloke's dog, that could provoke it to bite you. 

If worst comes to worst and you shoved the other dog off your dog/yourself then I suppose you might be given a bit of leeway. 

But best to:

a) Report to council (you are probably not the only one whose life this guy & dog are making miserable, if you report to council it'll be doing everyone a favour)

It really isn't that hard, probably a maximum 10 minute phone call and maybe a form or two if you're unlucky. We had to report a few neighbours escaping aggressive dogs recently and all it took was a phone call and the ranger came to check out the situation.

b) Talk to the guy (without your dog, track him down when you would normally be walking your dog), give him some advice (a muzzle, go to a trainer, walk in a quiet area where HE can pull HIS dog off the track if he sees others. And tell him if he doesn't want to end up with a dog fight on his hands that he should keep HIS dog under threshold and not ALLOW it to react like that.

c) Carry a water sprayer or something and squirt it if it lunges. 

[PossumCorner]

Advising Council is the only intelligent avenue to take.  Anything like the mildest physical action is still assault and puts you at a total disadvantage if it escalates to legal action on either side.  (It is very like the total stupid of road rage: no matter what the provocation there is no excuse or 'legal forgiveness' for aggressive retaliation behaviour on the roads).

 

Any mild action against another persons' dog on or off lead will fester in that owner's mind and could escalate at next encounter.  It is just as stupid to initiate this as it is for the uncontrolled dogs handler to allow them to be a nuisance.  The issue is one for Council, which is much more time-effective and result-effective than days or weeks of to-and-fro opinion and disagreement on a little dog forum. 

 

 

[_PL_]

As this is a community forum, nobody here can advise you to go outside the bounds of what is expected by law. So you really won't get any other advice. I could say 'kick', but then without provocation you are the one who will be in the wrong. I'm sorry, you're a bit stuck unless you and/or your dog need physical defence.

 

My understanding of the law; not sure about other states but in NSW a dog only has to frighten (rush, nip, jump, corner etc) someone to be reported to council. If the complaint is upheld the dog can be declared dangerous meaning they are hit with a barrage of requirements in order to keep the dog. Some rangers may need chasing but once a Notice Of Intent To Declare Dangerous is issued, things start to happen.

 

I do sympathise with you. We've had to avoid whole streets or change the walk route just to avoid trouble from someone else's dog/s. I am small, my dogs are small too and I simply need too avoid situations that might get us hurt.  

[Jed]

Get some advice from a good lawyer.  Find out where you stand if you take physical action. I think it could be ok if you feel threatened.  But ask, you don't need a court case.

Then next time, say to the other dog owner that you find his dog's behaviour worrying and confronting, and it worries your dog too so you would prefer it stopped.

Say this nicely.

Then add that if he is unable to control his dog in publc to a standard approved by the council, you will have no option but to force his dog away from your dog.  Advise him about pepper spray, and about physical force with a club.

If you hit the dog, make sure you do it a few times, to shock the dog into leaving. I think spray would be better. IMHO, hair spray works well.

 

[rubiton]

As the OP wants to just know if others support him physically touching the dog or not this advice is for anyone else with a similar problem reading the thread.

SOme councils will actually go and talk to dog owners to avoid things escalating to attacks.  If in a similar position contact your council and just say that you are worried what would happen if it escalated and perhaps the owner needs someone like the council to simply talk to them and perhaps educate the owner.

I have done this when people with little dogs have found it amusing or just assumed it was ok for their aggressive dogs to charge at mine because mine were bigger.  Both times and both councils have listened - one there were random people hanging out in the location for a while after Id contacted them and in the other the council actually contacted me some weeks later and said how they had gone to the park and had eventually found the dogs and made suggestions to the owners (not that she believed they listened BUT in the years since the group of little things have been grabbed when Ive gone past with dogs again before they had a chance to charge us).  A simply chat to educate saves councils more paperwork and action if things do happen.