Civil remedies for animal protection: how to sue

It is a law that creates a civil route — separate from the criminal process — to protect an animal suffering cruelty, abandonment or abuse. Any person, whether or not they own the animal, can file a lawsuit asking the court to grant them provisional custody while the case is resolved.

Any person may act as plaintiff under this law, "even if they are not the animal's guardian or possessor" (Art. 3). The law defines "animal" broadly: any domestic or non-domestic animal, mammal, bird, reptile, amphibian or fish, as well as any animal in captivity or under a person's control, or protected by federal, state or municipal laws.

• File a sworn complaint or one supported by a sworn statement alleging specific facts that clearly establish an act of cruelty, abandonment or abuse against an animal.Verified against the official source

Information pending verification.

1. 1

   Step 1: Anyone can sue, not just the owner

   Art. 3 says it plainly: "any person is empowered to act as plaintiff, even if they are not the animal's guardian or possessor." You do not need to own the animal to seek judicial protection on its behalf.

2. 2

   Step 2: File specific facts, not vague allegations

   The complaint or sworn statement must "allege specific facts that clearly establish that an act of cruelty, abandonment or abuse has occurred" (Art. 4). Document dates, locations and concrete descriptions of what you saw.

3. 3

   Step 3: Request the provisional custody order if severity warrants it

   If the complaint shows "the events... are of such magnitude that they require the animal to be removed from its guardian's or possessor's custody," the Court may let you take possession of the animal as custodian (Art. 4).

4. 4

   Step 4: You can seek a veterinarian without asking the court's permission

   As custodian, you "may seek the necessary medical care from a veterinarian without needing a Court order" (Art. 4). What you do need is the defendant's written consent or a court order to euthanize.

5. 5

   Step 5: The hearing within ten days decides the injunction

   The provisional custody order sets a hearing within ten (10) days, extendable for extraordinary circumstances, "for the defendant to show cause why a preliminary injunction order should not be issued" (Art. 4).

6. 6

   Step 6: If you prevail, you may recover the costs

   Art. 5 says that if the plaintiff prevails, "the Court may include the costs of food, shelter and care, including medical care, incurred in the remedy awarded."

Before the Court, through a complaint or sworn statement. The law does not specify which court division to file in nor a specific form; it is worth seeking legal guidance to draft the complaint, since it requires "specific facts" that clearly establish the act of cruelty, abandonment or abuse.

• Thinking only the animal's owner can sue: the law lets any person act as plaintiff.
• Confusing this civil remedy with the criminal process under Act 154-2008: they are independent and one does not replace the other.
• Performing or authorizing euthanasia without the defendant's written consent or a Court order.
• Filing vague allegations instead of specific facts that clearly establish the act of cruelty, abandonment or abuse.
• Not knowing the law carries four exceptions, including legitimate food-production and medical-research activities approved by the relevant agencies.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  bvirtualogp.pr.gov