Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I was awakened about 2 a.m. by the sound of loud aggressive barking that I thought was in my house. My son was visiting with his small Chihuahua and when I went to see what was happening his dog was barking from the top of my sofa at the window. My husband and son were in the front porch and told me that they were sitting outside when the next door neighbor’s dog, a German shepherd, had jumped the fence and came after my son’s dog. A few minutes later the neighbor came over to talk about the incident. He said the dog was friendly, not aggressive at all. I told him he needed to get a bigger fence or chain and he said his landlord said no to a bigger fence. I informed him that my 3-year-old granddaughter spends lot of time with us and he needed to do something. He seemed to just shrug off this incident add if it was no big deal. I want to know how I can defend myself, my granddaughter and my son’s dog without getting myself in trouble? Can I use mace or pepper spray to stop this dog if he’s coming after us? Thank you for any help you can provide.
The first thing I would do is talk to the landlord. It’s one thing to ask about building a fence just like this; it’s quite another to have the risk of a lawsuit in the back of your head.
As for defending yourself, you should probably ask a criminal attorney about that.
