What is the name of your state (only U.S. law)? North Carolina
Hi Folks!
I have a question that actually is not about custody. I'm sorry this is so wordy, but there is a lot of detail, and I know you guys like details......
I raise goats, both Boers and Nubians. Each year, I get a kid crop of registered Nubians, and registered Boers. The registered Nubians are either kept as replacement stock, or sold for show, milking, etc. The Boers are sold for show, 4-H projects, some as pets, and some wethered (castrated) and sold as meat. I also get a small kid crop of Boer/Nubian crosses that are sold for meat or pets. I retain a portion of the Boers and Hybrids for my own freezer. While I dont show goats personally, the goats that are shown and titled end up advancing the pedigrees of the goats on my land, and thus increasing their worth, both as for sale animals, and breeders.
My fencing is stout. There is an adage "if the fence will hold back water, it may hold back a goat". It's a little exaggerated, but not too much, lol. I keep a five strand high tinsel electric fence around the entire border of the pasture. The electricity is stout enough to make my bucks run for the barn calling their mama. I also have a three foot welded fence behind the electric wire. The electricity is between the goats and the welded wire. All my gates are welded metal cattle gates as we sometimes will run cattle in the pasture with the goats, but there is a welded wire "goat panel" attached to each gate to ensure that the goats cannot put their heads through, and that any babies will not be able to crawl through. At each gate, along the bottom, is a single strand of electric high tinsel wire, running at the same voltage as the rest of the fence, to prevent anyone from crawling under. This wire is about 6 inches off the ground, and detached easily in case we need to get a tractor through. Our barn is enclosed in this fencing. One cannot get to my goats without going through this fence.
To date, we have never had a goat get out of our fencing.
We have a neighbor that has/had 6 Jack Russel Terriors. Last year, her dogs managed to dig under my fence (I found the hole) and get into my brood pasture. They killed 3 kids, and of course all four of the dead goats were registered show stock. When I heard the goats screaming (as I came home), I went to the barn to find the dogs still in the process of killing goats. One of the dogs was dead, killed by the goats, another injured, but the remaining four we still attacking. I shot and killed two of the dogs.
I did not sue, mostly because this woman would not be able to compensate me for the damages. I lost approximately 1500$ considering the cost of the dead babies (worth about 250$ each), and medical needs of the survivors. She made a lot of threats concerning the three dead dogs, and the injured one. I encouraged her to take me to court, but she did not. My son was with me during the attack and was able to take pictures during and after the attack, including photos of the dead goats and dogs.
After this incident, I installed another high tinsel electric wire on the OUTSIDE of my fence. While the previous fence was designed to keep my goats IN, this addition was intended to keep her dogs OUT. I also called animal control. She was issued a warning and told that her animals MUST be contained. I was told by Animal control that I was within my rights to shoot the dogs to protect my livestock, so long as I would shoot to kill and not injure or maim.
However, my new fence failed and they were able to get into the pasture again. I went out after hearing a dog screaming to find the remaining three dogs in the pasture with my large Boer buck. The dog that had been injured in the previous attack had been killed by the buck. One of the other dogs was attached to Buck's shoulder and the other dogs was attached to his testicles. The dog that had attached to the testicles was doing the violent "head shake" thing. I kicked the dogs until they released the buck, but one continued to try to get the buck and the buck took off out of the barn. The dog gave chase, and I shot it. The final dog ran to the fence in an attempt to get out, so I opened a gate and let it leave. It left hopping on three legs. It was later determined that the dog had a broken leg. I honestly dont know if the buck broke the dogs leg trying to defend himself or if I broke the dogs leg in trying to get it off my bucks testicles.
The buck is OK. His shoulder has minor puncture wounds and is healing fine. His testicles were damaged beyond repair and he had to be surgically castrated to prevent gangrene. This buck produced some magnificent babies for me, but his time on my farm was coming to an end. He had been placed up for sale, and was to go to his new home in the spring. I sold him for $700. Of course, the new owners have requested a refund, which they will be picking up this evening. The buck (who is now actually a very very large wether), will live out the remainder of his life in the doe pasture as a "teaser" and pet.
I called animal control again and the remaining dog was confiscated and euthanized the day after the attack. The owner had already taken him to the vet for his leg and paid a 400$ bill for vet care.
(sorry that was so long)
The neighbor called me this morning requesting that I pay her for the vet costs. I promptly told her no. She then informed me of her intent to sue me for the vet costs from both attacks (amounting to 925$ according to her) as well as the cost of replacing 6 registered Jack Russel terriers. I then verified my street address with her and told her that I would have a lawyer contact her lawyer as soon as I was properly served.
Thing is, with all this custody court, cash is a little on the lean side right now, esp after shelling out medical costs for my own goats, and reimbursing the purchasing price of the buck-without-balls.
While I still have the photographs from the first attack, I do not have any photographs of the actual second attack but I do have photos of the damage to the bucks shoulder and testicles, as well as images of the dogs on my property covered in blood. I also have invoices from the vet fees, and medical supplies for both attacks, as well as the sales receipt from the intact buck. I have previous sales records to show the worth of the dead babies from the first attack. I have the paperwork provided from the first complaint to animal control, showing that she was told to keep her dogs contained and that both she and I were made aware of my right to defend my livestock using lethal force.
If sued, I will use these photos and the paperwork to show that I was not at fault, that I had gone above and beyond to prevent attacks on my livestock, and that my damages were significantly higher than hers.
Now for the questions:
When I reimburse the money for the buck-without-balls, what would be an appropriate paper trail to show in court?
I dont *think* this woman is really going to do anything, but I want to be prepared.
If she does, would a counter suit be appropriate or would it be viewed as vengeful? I am hoping that if she does sue, and for some reason win, perhaps my damages would offset her financial request.
If I do a counter suit, would it be inappropriate to include the cost of reinforcing my fence?
Hi Folks!
I have a question that actually is not about custody. I'm sorry this is so wordy, but there is a lot of detail, and I know you guys like details......
I raise goats, both Boers and Nubians. Each year, I get a kid crop of registered Nubians, and registered Boers. The registered Nubians are either kept as replacement stock, or sold for show, milking, etc. The Boers are sold for show, 4-H projects, some as pets, and some wethered (castrated) and sold as meat. I also get a small kid crop of Boer/Nubian crosses that are sold for meat or pets. I retain a portion of the Boers and Hybrids for my own freezer. While I dont show goats personally, the goats that are shown and titled end up advancing the pedigrees of the goats on my land, and thus increasing their worth, both as for sale animals, and breeders.
My fencing is stout. There is an adage "if the fence will hold back water, it may hold back a goat". It's a little exaggerated, but not too much, lol. I keep a five strand high tinsel electric fence around the entire border of the pasture. The electricity is stout enough to make my bucks run for the barn calling their mama. I also have a three foot welded fence behind the electric wire. The electricity is between the goats and the welded wire. All my gates are welded metal cattle gates as we sometimes will run cattle in the pasture with the goats, but there is a welded wire "goat panel" attached to each gate to ensure that the goats cannot put their heads through, and that any babies will not be able to crawl through. At each gate, along the bottom, is a single strand of electric high tinsel wire, running at the same voltage as the rest of the fence, to prevent anyone from crawling under. This wire is about 6 inches off the ground, and detached easily in case we need to get a tractor through. Our barn is enclosed in this fencing. One cannot get to my goats without going through this fence.
To date, we have never had a goat get out of our fencing.
We have a neighbor that has/had 6 Jack Russel Terriors. Last year, her dogs managed to dig under my fence (I found the hole) and get into my brood pasture. They killed 3 kids, and of course all four of the dead goats were registered show stock. When I heard the goats screaming (as I came home), I went to the barn to find the dogs still in the process of killing goats. One of the dogs was dead, killed by the goats, another injured, but the remaining four we still attacking. I shot and killed two of the dogs.
I did not sue, mostly because this woman would not be able to compensate me for the damages. I lost approximately 1500$ considering the cost of the dead babies (worth about 250$ each), and medical needs of the survivors. She made a lot of threats concerning the three dead dogs, and the injured one. I encouraged her to take me to court, but she did not. My son was with me during the attack and was able to take pictures during and after the attack, including photos of the dead goats and dogs.
After this incident, I installed another high tinsel electric wire on the OUTSIDE of my fence. While the previous fence was designed to keep my goats IN, this addition was intended to keep her dogs OUT. I also called animal control. She was issued a warning and told that her animals MUST be contained. I was told by Animal control that I was within my rights to shoot the dogs to protect my livestock, so long as I would shoot to kill and not injure or maim.
However, my new fence failed and they were able to get into the pasture again. I went out after hearing a dog screaming to find the remaining three dogs in the pasture with my large Boer buck. The dog that had been injured in the previous attack had been killed by the buck. One of the other dogs was attached to Buck's shoulder and the other dogs was attached to his testicles. The dog that had attached to the testicles was doing the violent "head shake" thing. I kicked the dogs until they released the buck, but one continued to try to get the buck and the buck took off out of the barn. The dog gave chase, and I shot it. The final dog ran to the fence in an attempt to get out, so I opened a gate and let it leave. It left hopping on three legs. It was later determined that the dog had a broken leg. I honestly dont know if the buck broke the dogs leg trying to defend himself or if I broke the dogs leg in trying to get it off my bucks testicles.
The buck is OK. His shoulder has minor puncture wounds and is healing fine. His testicles were damaged beyond repair and he had to be surgically castrated to prevent gangrene. This buck produced some magnificent babies for me, but his time on my farm was coming to an end. He had been placed up for sale, and was to go to his new home in the spring. I sold him for $700. Of course, the new owners have requested a refund, which they will be picking up this evening. The buck (who is now actually a very very large wether), will live out the remainder of his life in the doe pasture as a "teaser" and pet.
I called animal control again and the remaining dog was confiscated and euthanized the day after the attack. The owner had already taken him to the vet for his leg and paid a 400$ bill for vet care.
(sorry that was so long)
The neighbor called me this morning requesting that I pay her for the vet costs. I promptly told her no. She then informed me of her intent to sue me for the vet costs from both attacks (amounting to 925$ according to her) as well as the cost of replacing 6 registered Jack Russel terriers. I then verified my street address with her and told her that I would have a lawyer contact her lawyer as soon as I was properly served.
Thing is, with all this custody court, cash is a little on the lean side right now, esp after shelling out medical costs for my own goats, and reimbursing the purchasing price of the buck-without-balls.
While I still have the photographs from the first attack, I do not have any photographs of the actual second attack but I do have photos of the damage to the bucks shoulder and testicles, as well as images of the dogs on my property covered in blood. I also have invoices from the vet fees, and medical supplies for both attacks, as well as the sales receipt from the intact buck. I have previous sales records to show the worth of the dead babies from the first attack. I have the paperwork provided from the first complaint to animal control, showing that she was told to keep her dogs contained and that both she and I were made aware of my right to defend my livestock using lethal force.
If sued, I will use these photos and the paperwork to show that I was not at fault, that I had gone above and beyond to prevent attacks on my livestock, and that my damages were significantly higher than hers.
Now for the questions:
When I reimburse the money for the buck-without-balls, what would be an appropriate paper trail to show in court?
I dont *think* this woman is really going to do anything, but I want to be prepared.
If she does, would a counter suit be appropriate or would it be viewed as vengeful? I am hoping that if she does sue, and for some reason win, perhaps my damages would offset her financial request.
If I do a counter suit, would it be inappropriate to include the cost of reinforcing my fence?
Poor Giddy. He is still so very sore. 
