Protect Your Pet!

“How Can You Protect Your Pet”

So you have a furry friend and life is great. From the moment you adopted your dog from the local shelter or rescue group your family gained another member. As your family grows and memories are etched in your mind, the idea of no longer having your pet can be devastating. We all know that as life progresses your death and your pet’s death are inevitable, but what happens if your pet gets lost or someone else claims her as his pet. What do you do?

Someone Takes Your Pet

So here is the situation: You have a pet and someone takes her and claims her as his own.

There are two ways to approach this situation. First, you can call the police and they will file a police report of the situation and that report will be sent to the State Attorneys Office to determine if there is a valid case of larceny.  If you do not want to take the criminal route, you can try and approach the situation in civil court.  Both options are discussed below.

Criminal Route

Going the criminal route will have certain positive aspects but there can be some pitfalls. The criminal route may take several months to complete, especially with all of the current budget cuts and assistant state attorneys being overworked. In the meantime, your pet would be under the control of someone else. Furthermore, under the criminal route the state would have to prove the elements of the crime of larceny beyond a reasonable doubt (if it gets to trial). If it goes that far, which more than likely it may not, you should be able to get your pet back if all elements are proven. The control you have under the criminal route is limited because the action and the handling of the case will be in the control of the assistant state attorney.

Civil Route

The second way to approach the situation is through civil court. Under the civil court system proof is on the plaintiff, the person bringing the case, and it has to be proven by a preponderance of the evidence. This means the judge has to believe the plaintiff a little bit more than the defendant, which equates to believing the plaintiff 51% more than the defendant. The problem with this situation that many pet owners run into is finding an attorney and financing the representation. The time that it would take to work this case may not be worth it for many attorneys and if there is an attorney willing to take the case on it is often not cost effective. However, there is always the option of filing the claim and navigating through the system yourself, which may be difficult and ultimately not achieve the desired goal.

Your Proof: Microchip

As soon as you adopt your pet you should have your animal micro-chipped. Essentially a microchip is a very small chip like the size a grain of rice placed on your pets shoulder and it can be read through a scanner machine. A microchip can be done at your local veterinary office or the local shelter and once it is done the chip has to be registered with the owner’s information. Generally the price to complete the chip is less than $100 and sometime it can be done for little or no money at all, but you have to do your research in your local area.  It is very important to microchip your pet. If your pet ever gets lost the information on the chip can assist in proving that your pet belongs to you, or if your pet is found you can be reached if your animal is taken to a local shelter or veterinary office because their first step is checking for a microchip. ( For more information on micro-chipping: http://www.avma.org/issues/microchipping/microchipping_faq.asp) Also, don’t forget to update your information as it changes so the people will have notice that your pet belongs to you and accurate information on how to contact you should your pet become lost.  (prime example: http://www.floridatoday.com/article/20110623/NEWS01/106230325/1006/rss01/Thanks-microchip-missing-dog-tale-has-happy-ending-Melbourne)

Your Proof: Pictures / Video / Vet Bills

I know my wife and I are not the only ones who have tons of pictures and video of our dog. We also have lots of vet bills. We have pictures with our dog and her unique features (her white strip on her chest, her glossy eye, gray face, etc. ) Every dog is unique; for example, our dog is on several medications for health problems, which have been documented through the veterinarian. All the bills we get from the veterinarian we keep in her folder.

All of this information will help prove that our dog “Karma” is our dog and belongs to us.

Conclusion

Bringing a pet into your life can be a life changing experience for your pet and your family. However, it is your responsibility as the pet owner to do everything you can to protect your pet and your interest.

Raising a Child: It Takes a Village

As the old saying goes, “It takes a village to raise a child.” For many couples, expecting a child can be a nerve racking experience, but it ultimately ends joyous. Prior to and after having a child, many new parents look to their parents, family, friends, other new parents and books to figure out how to raise their new bundle of joy. They even have a phone app to assist you in raising your child. (see: http://www.newparent.com/you/best-iphone-apps-for-new-parents/). No matter what you read or the advice you get nothing can prepare you for being a parent until your bundle of joy arrives; however, preplanning for the new addition to your family can help you limit needless stress and conflict. Before Your New Bundle Comes

Before your new bundle of joy arrives, it may be beneficial to consider the following potential issues and reach agreements so that transitions over the first few years of your child’s life are smooth:

1.     Who will come over and assist you in the first few months with your newborn? For how long?

2.     What religious path will you show your child?

3.     How will you discipline your child? Are both of you on the same page?

4.     Will someone stay home and raise your child? Should you look at daycare or a relative to assist? (see the latest cost of raising a child: http://parenting.blogs.nytimes.com/2010/06/25/the-cost-of-raising-a-child/)

5.     What type of school will your child attend? Religious, public, home school?

6.     Should you start a college fund right away?

Both Parents

Remember as parents that your child is an individual and he/she will have his/her own personality.  Your child will have likes and dislikes and some of those characteristics will be like you and your spouse and others may not. One of the things new parents should realize is that raising a child is a learning experience, and you will not get everything the first time around but being there and trying your best will pay dividends in the end.

Not only is it important to have the lines of communication open between you and your spouse, but it is just as important to have a game plan on issues like the above. Your child will need both of you in his/her life and the law in the state of Florida expects and promotes such equal involvement.

Father’s Day: A Day to Celebrate

As Father’s Day comes around again this year, I remember my father. I was fortunate to have a father that was concerned for his family and wanted nothing but the best for us all. There are some memories as a child you never forget; for some those memories are bad, but for others the memories are inspirational. My earliest memories of my father involved early mornings in New York. As an immigrant to this country, my father was a construction worker and would wake up early in the morning to go work outside in the cold. I always remember the routine; it started before the sun came up and before I ever started school. My dad would wake up and begin his daily routine while my mom was making his breakfast and his lunch. My dad would take his lunch box and sit in the living room while he put on his shoes. Every time he did this and I was there he would tell me, “Make sure you go to school and get a good education, because I don’t want you to ever go outside and do the work I have to do.” He would always go on to say, “Get yourself a nice office job where you’re inside and don’t have to wear your body out.”

These memories are over 25 years old but I can still remember the scene vividly: the look on his face, the layers of clothes, the lunch box, our conversations and his words of advice. My brothers and I have been very fortunate to have parents that were actually concerned about our well-being and our future. Even though my father passed away 6 years ago, the relationship we had has helped shape me into the person I am today.

As this Father’s Day comes and goes I just wanted to pay homage to my father: Ravindra “Sammy” Pulayya.

June is Caribbean American Heritage Month!

I am a Caribbean-American! The United States has always been a beacon of hope, opportunity, and diversity. This is what separates this country from the rest of the world and why people today still flock to this country to become American citizens. According to the United States Citizenship and Immigration Services, more than 5.6 million people between 2001-2010 became United States Citizens.  (See USCIS http://www.uscis.gov) Just like many other cultural groups that make up this great country, the Caribbean now has its own month to celebrate: June!

When Did it Get Started?

Congresswoman Barbara Lee (D-Oakland) (http://www.lee.house.gov/)  introduced legislation to make June Caribbean-American Heritage month.  This led to President Bush proclaiming,  “June officially National Caribbean-American Heritage Month.”

"During Caribbean-American Heritage Month, we celebrate the great contributions of Caribbean Americans to the fabric of our Nation, and we pay tribute to the common culture and bonds of friendship that unite the United States and the Caribbean countries.

Our Nation has thrived as a country of immigrants, and we are more vibrant and hopeful because of the talent, faith, and values of Caribbean Americans. For centuries, Caribbean Americans have enriched our society and added to the strength of America. They have been leaders in government, sports, entertainment, the arts, and many other fields.

During the month of June, we also honor the friendship between the United States and the Caribbean countries. We are united by our common values and shared history, and I join all Americans in celebrating the rich Caribbean heritage and the many ways in which Caribbean Americans have helped shape this Nation.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim June 2006 as Caribbean-American Heritage Month. I encourage all Americans to learn more about the history of Caribbean Americans and their contributions to our Nation.

IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of June, in the year of our Lord two thousand six, and of the Independence of the United States of America the two hundred and thirtieth.

GEORGE W. BUSH"

(Source: http://georgewbush-whitehouse.archives.gov/news/releases/2006/06/20060605-6.html )

What does this mean?

What makes the United States a great country is the ability to have people all over the world come to one place and work in harmony and become successful. No matter where you are from, Caribbean American Heritage Month gives us time to recognize the work and the contribution that Caribbean Americans have made for the United States.

Everyone comes from somewhere and you should be proud of your heritage. Here are some of the events that have taken place and will be taking place in the Central Florida area:

June 4th CAHM Opening Reception at Circa Restaurant June 5th Indian Arrival Day Citrus Bowl June 11th Island Beat Heritage Day - St John’s Episcopal Church Grounds June 11 & 12 Caribbean Soccer Tournament - at Central Florida Fair Grounds June 17th BBIF’s 16th Annual Business in Our Backyard Networking Event Visit  the Caribbean  Chamber’s Business Zone June 18th Central Florida Cricket Assoc - Caribbean All Stars vs Asia at Citrus Bowl June 25th CAHM Festival at Lake Eola June 26th TTAC - Orlando vs. Tampa Olympics in Tampa

“You Are Under Arrest For………”

Those words can be striking and being placed under arrest can be a scary and confusing experience. Not only is it confusing for the person arrested, but it can be just as scary, if not more, for the family and friends of the person arrested. During this confusion, the person arrested often develops a misconception that the police or state attorney are looking out for that person’s interest. Remember, the police and the state attorney have the goal of solving the case and proving that the arrested person committed the  alleged crime, and they can do whatever they can under the law to assist them in proving their case. Methods of Arrest

There are three ways you can be placed under arrest: (1) through an arrest warrant, also known as a capias; (2) through an officer actually seeing you  “from his/her point of view” commit a crime; or (3) if an officer has cause to believe you committed a crime.

Capias /Arrest Warrant

Under Florida Criminal Procedure Rule 3.121 an arrest warrant shall have the following requirements:

(1) be in writing and in the name of the State of Florida

(2) set forth substantially the nature of the offense

(3) command that the person against whom the complaint was made be arrested and brought before a judge

(4) specify the name of the person to be arrested or, if the name is unknown to the judge, designate the person by any name or description by which the person can be identified with reasonable certainty

(5) state the date when issued and the county where issued

(6) be signed by the judge with the title of the office and

(7) in all offenses bailable as of right be endorsed with the amount of bail and the return date.

Generally, if the elements above are met, a valid warrant exists and the sheriff can execute the warrant.  (However, sometimes a faulty warrant may lead to serious problems for the police. See: http://blog.al.com/spotnews/2011/06/morris_alabama_child_porn_char.html )

Valid Warrants can be a powerful tool for the police in arresting individuals and may limit arguments that a potential defendant may have regarding the “actual arrest.”

An Officer Sees You Commit A Crime

Unlike a warrant, if an officer sees you commit a crime he or she can legally place you under arrest OR he or she can give you a Notice to Appear.

Under Florida Criminal Procedure Rule 3.130, if you are placed under arrest, within 24 hours you will have a First Appearance. Under Florida Criminal Procedure Rule 3.130(b), the judge shall immediately inform the defendant of the charge and provide the defendant with a copy of the complaint. The judge shall also adequately advise the defendant that:

(1) the defendant is not required to say anything, and that anything the defendant says may be used against him or her;

(2) if unrepresented, that the defendant has a right to counsel, and, if financially unable to afford counsel, that counsel will be appointed; and

(3) the defendant has a right to communicate with counsel, family, or friends, and if necessary, will be provided reasonable means to do so.

Also, during the first appearance the Judge generally has a Probable Cause hearing.

Under Florida Criminal Procedure Rule 3.133 (a)(1):

a nonadversary probable cause determination shall be held before a judge within 48 hours from the time of the defendant’s arrest; provided, however, that this proceeding shall not be required when a probable cause determination has been previously made by a judge and an arrest warrant issued for the specific offense for which the defendant is charged.

The judge after a showing of extraordinary circumstance may continue the proceeding for not more than 24 hours beyond the 48-hour period. The judge, after a showing that an extraordinary circumstance still exists, may continue the proceeding for not more than 24 additional hours following the expiration of the initial 24-hour continuance.

Unlike a situation where there is a warrant, the lack of a warrant may give the defendant a better chance of arguing there was an invalid arrest.

Notice to Appear

If you are not arrested by the officer, a ticket will be issued with a Notice To Appear. Essentially, you are free to leave but you MUST appear at the scheduled date or a capias (warrant) may be issued.  Under Florida Criminal Procedure 3.125 (b):

If a person is arrested for an offense declared to be a misdemeanor of the first or second degree or a violation, or is arrested for violation of a municipal or county ordinance triable in the county, and demand to be taken before a judge is not made, notice to appear may be issued by the arresting officer unless:

(1) the accused fails or refuses to sufficiently identify himself or herself or supply the required information;

(2) the accused refuses to sign the notice to appear;

(3) the officer has reason to believe that the continued liberty of the accused constitutes an unreasonable risk of bodily injury to the accused or others;

(4) the accused has no ties with the jurisdiction reasonably sufficient to assure the accused’s appearance or there is substantial risk that the accused will refuse to respond to the notice;

(5) the officer has any suspicion that the accused may be wanted in any jurisdiction; or

(6) it appears that the accused previously has failed to respond to a notice or a summons or has violated the conditions of any pretrial release program.

Under Florida Rules of Criminal Procedure 3.125 (c), if you are placed under arrest then the booking officer may issue notice to appear if the officer determines that there is a likelihood that the accused will appear as directed, based on a reasonable investigation of the accused’s:

(1) residence and length of residence in the community;

(2) family ties in the community;

(2) employment record;

(3) character and mental condition;

(4) past record of convictions; or

(5) past history of appearance at court proceedings.

The Notice to Appear scenario gives the defendant more flexibility in terms of knowing that he is possibly facing charges, and it gives him a chance to be less overwhelmed by the system (i.e. not having to be arrested, taken to jail, booked, seeing a judge and getting released on bond or own recognizant). Furthermore, it provides the defendant time to consult with an attorney, work on the case himself, or even have the possibility of seeking a public defender.

Getting arrested and the days following the arrest  can be confusing and scary for the person arrested and their family members. The most important thing to do is to stay calm and remember you have rights.

“Hamza Ali al-Khateeb--the Emmett Till of Syria: Not Following Social Norms”

He was 13 years old and was tortured to death.  Hamza Ali al-Khateeb lived in Syria and was one of many protestors that have been protesting the injustice and inhumane action of his government. On April 29, 2011 he was arrested—yes, arrested for protesting and was missing for approximately one month. Later, his body was returned back to his family; however the body that was returned was not the body of the boy his family remembered.

According to several media accounts, Hamza Ali al-Khateeb’s body was ripped apart. The New York Times reported that:

“his skin is scrawled with cuts, gashes, deep burns and bullet wounds that would probably have injured but not killed. His jaw and kneecaps are shattered, according to an unidentified narrator, and his penis chopped off.” (http://www.nytimes.com/2011/05/31/world/middleeast/31syria.html)

If this act had taken place in the United States the public outrage and the news networks would not have enough hours in the day to cover it. When I first read about this event, the story of Emmett Till came to mind. Emmett Till was a 14 year-old boy, who like Hamza Ali al- Khateeb, acted out of the social norm and ended up being tortured and killed. Emmett Till was a Chicago native who was visiting relatives in Mississippi. On August 24, 1955 Emmett Till was out with his friend and he allegedly “accosted” (some say whistled) at a white woman in the grocery store owned by her husband.

Roy Bryant, the husband of young woman, and his half brother, J. W. Milam, kidnapped Emmett Till and tortured him, eventually killing him. In the end Emmett’s killers were tried and were found not guilty after an hour of deliberation. A few months after the end of the acquittal, in Look magazine, both individuals gave the details on how they killed the 14 year-old Emmett Till.

Both Emmett Till and Hamza Ali al-Khateeb were innocent kids that fell victim to the harsh society in which they lived. No matter what happens, both of these names speak volumes of the cultures of the time. The Pre-Modern Civil Rights movement in the United States and the modern fight for Human Rights in Syria both represent movements that lost and will lose many, but in the end, hopefully their deaths will not be in vain. Let’s just hope that Hamza Ali al-Khateeb did not die in vain.

To read more about Hamza Ali al-Khateeb’s story please see: http://www.bbc.co.uk/news/world-middle-east-13621449.

To read more about Emmett Till’s story please see: http://www.pbs.org/wgbh/amex/till/.

Finances and Marriage: How A Little Planning Can Avoid Unwanted Stress!

The Newly Married Couple Getting married is one of the biggest commitments two individuals can make. The funny part is there is no real handbook or guide to marriage except the advice from loved ones, spiritual advisors, and a few authors.  No one ever thinks about getting a divorce before they actually get married. A couple approaches the alter full of love and with a sense of adventure. They are usually surrounded by family and friends and pledge to each other their undying devotion and a life long commitment to one another.  As the new married couple begins “their new life” they will face good times and they will face tough times. Not only are they starting a new life together, but as a part of this new life together they are also starting a financial life together.

The Good Times and the Bad Times

Although you enter a marriage looking forward to the good times, the tough times can sometimes push a relationship to the breaking point. Unfortunately, the tough times in many instances will involve money. As a person who has seen his share of marriages, some good and some bad, the key factor in both types of marriages is communication. Communication about money is vital to a successful marriage. When two individuals are on the same page both parties should have some idea on how each one feels. For a couple getting married one of the most stressful items a new couple can face deals with finances.  This is why I believe it is important for a couple to sit down and have a honest and frank conversation about their financial situation.

Let’s Make a Plan

Making a plan can sometimes help you see any potential problems and give you a roadmap of where you are and where you are going. Smart decisions today can alleviate any potential stress and heartache a couple may face in the future. Money can put a great strain on any relationship and for many couples this strain can lead to devastating consequences. Here are some questions a couple should ask each other before they get married: (you should write these answers down and have some sort of written plan)

1.   How is our current financial situation?

a.    How much credit card debt do we owe?

b.   How much student loan debt do we owe, and will there be more?

c.    What is our current monthly car payment, and for how long will this continue?

d.   How much do we have in savings?

e.    How much are we going to spend on a wedding?

2.   Should we rent or should we buy a home?

a.    Can we stand living with your parents or my parents if times got tough?

3.   Where do we see ourselves financially in 1 year , 5 years, 10 years, etc?

a.    Do we have a financial planner?

b.   Do we have a Roth Ira, 401K, Pension fund?

4.   Do we plan on having kids? ( This will be the next blog topic.)

a.    How many would we like to have?

b.   Should we adopt?

c.    Is someone staying home or are we sending them to daycare?

d.   Should we start a college fund as soon as they are born?

e.    How will kids affect our long-term financial goals?

5.   How do we plan on establishing our bank accounts?

a.    Will we establish a joint bank account?

b.   Will we keep our own individual accounts?

c.    Will we have a combination of both?

Each of these questions and subparts if answered honestly can be scary for many new couples and even for some who have been married for years. However, I feel these are questions that MUST BE discussed before or shortly after marriage. No matter if you are a couple thinking about getting married, a newly married couple or a veteran of marriage these questions, if answered honestly and free from pressure from one spouse or family, can assist in a long and healthy marriage.

To The United States Military & Their Families:

Thank you for your service to this country. Thank you not just to the soldiers, but thank you to the families of the military as well, because the families are the ones who have to deal with not seeing their loved ones. Their sacrifice and courage cannot be placed into words, but I express the deepest feeling of gratitude because if it was not for the soldiers and families of the past, present, and future I, along with many others, would not have the luxuries and freedom we have today.

Junior Pulayya

Criminal Law and Criminal Procedure- “It Is What Separates Us From The Rest Of The World”

All of those classes I took in the Keene-Flint building ( aka History Building)  at the University of Florida helped shape my belief about duties and obligations of citizens in the United States. However, this was not the only place where I learned and experienced the study of citizenship. During law school I had a chance to see the theory in practice while interning at the State Attorney Office of the Ninth Judicial Circuit as a certified legal intern. The power that prosecutors posses are potent, but this power is generally exercised with great caution.   The beauty of the United States is found in the different perspective that each citizen holds about our country, the government, the state, and the police.  I would venture to say that an overwhelming majority of the population feels we need a government. However, the real debate is how much government do we need or how much government interference in our personal life is acceptable. The word government is a large word, not in the sense of the letters, but in terms of its meaning. The government has several representatives. Those representatives include the president, congress, judges, prosecutors, police officers, teachers, and anyone else who works for the county, state, or the United States.

The 4^th amendment of the United States Constitution states:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The 5^th amendment of the United States Constitution states:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in  jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness  against himself, nor be deprived of life, liberty, or property, without due process of  law; nor shall private property be taken for public use, without just compensation.

The 6^th amendment of the United States Constitution states:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been  committed, which district shall have been previously ascertained by law, and to be  informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

These simple words ( 4^th, 5^th, and 6^th amendments) that were written over 200 years ago are not just words; they are the cornerstone of the United States and they separate us from the rest of the world. In the United States, if you are alleged to commit a crime you are innocent until proven guilty by the government ( ie State Attorney, Federal Prosecutor). When you are charged with an alleged crime you do not have to defend the actions alone. You are afforded a Public Defender if the charges are serious enough, or if you can afford it you can hire private counsel.  Not only are you afforded an individual who has spent years of training in the law, but it is the government’s responsibility to prove elements of a criminal case beyond a reasonable doubt.

If you ever have the luxury of traveling outside the United States you quickly realize the rights we enjoy in the United States are unique and precious. We are fortunate to have a history and a legal system that gives us certain guaranteed rights. Every aspect of our legal system, from police officers all the way to the Supreme Court, has talented individuals who try their very best to uphold the United States Constitution and continue to make the United States a peaceful and respectable country.

Practicing criminal law is a part of who I am. My background in United States and World History, and as a teacher for several years on the subject, has had a tremendous impact on how I see the world. As a classroom teacher I had several students through the years that made a mistake and we learned from their mistake. The most important thing I tried to instill in my students was that EVERONE has made or will make a mistake, but we MUST learn from our mistakes. Sometimes students were wrongly accused of actions they did not commit and not everything we hear or see may give us a full picture of those actions.  I realize not just in a theoretical sense, but also in a practical sense, the laws and the system we have in the United States is unparalleled.  A mistake in the United States will generally not tarnish or ruin your life forever but it should be used as a learning experience. This is why I practice Criminal Law.

“Cruelty to Animals and Domestic Abuse”

Family Law issues and Animal Abuse go hand in hand. Just recently on May 19, 2011, Gary Eugene Denning from Trenton, Florida, located in Levy County, was arrested for domestic battery and cruelty to an animal.  ( Levy County Sheriff Blog: http://levycountysheriffsblog.blogspot.com/ )  The domestic abuse charges stemmed from Mr. Denning getting upset with his brother-in-law over a small dent in Mr. Denning’s vehicle.  After hitting his brother-in-law in the chest and attempting to kick him, Mr. Denning decided to get back at his brother-in-law my directing his anger toward the family pet, a Golden Retriever.

When police arrived at the scene, the blood trail through the house was apparent. Mr. Denning allegedly struck the Golden Retriever with a machete several times severing the dog's spinal cord.  Denning's minor daughter was in the residence when the attack occurred. Unfortunately, the Golden Retriever had to be put down due to the wounds.

This is not the first case, and unfortunately it will not be the last case, where a domestic abuse instance merges with cruelty to the family pet. Not only has this been reported in the media but it has been documented through academia as well. In his article, Battered Women’s Reports of Their Partners’ and Their Children’s cruelty to Animals, Frank R. Ascion reports that a significant number of survivors of domestic violence state that their abusers also harmed, or threatened to harm, the family pet. (see online article at http://www.vawnet.org/Assoc_Files_VAWnet/BWpetCruelty.pdf )

There are several reasons why animals end up getting hurt during family disturbances. One of those reasons is the abuser knows that the victims generally have strong feelings/connections to the pet. As a result, attacking the family pet indirectly hurts the victim and the point is made that the victim could, or more than likely will, be next. Another reason why the family pet is attacked is because the abusers know that the family pet will put up little or no resistance and cannot “contact” the authorities.  The family pet is a voiceless victim and under Florida Statute 828.12, Cruelty to Animals is a third degree felony, which under the Penalties Section, Florida Statute 775.082, carries a maximum sentence of five years and a fine not exceeding $10,000, or both. (http://leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes&CFID=210974864&CFTOKEN=3052213)

Although Florida recognizes animal cruelty as a crime, it is separate and distinct from Family Law; however, I feel a argument could be made based on the love families have for their pets and the correlation of animal cruelty to domestic abuse, that cruelty to animals is not as distinct issue as it is perceived to be in the law.  Even though it seems that penalties are harsh for Cruelty to Animals rarely do defendants face real consequences for their actions towards the family pets. I guess only time will tell what the consequences are for Mr. Denning’s alleged actions.