The Law Office of Charles Michael Fulton: Animal Law in Virginia

Detinue is a legal procedure to seek the return of your property when it is in the possession of another. See Va. Code Ann. §§ 8.01-114 to 8.01-123.

Often filled as a Warrant in Detinue in General District Court, or Small Claims Court, in Virginia.
To prevail, the plaintiff needs to prove that his or her ownership interest is greater than the ownership interest of the defendant.

In Virginia, companion animals are considered personal property. See Va. Code Ann. § 3.2-6585. Therefore, the Warrant in Detinue is the proper procedure to recover a companion animal from a person who possesses the companion animal without the true owner's permission.

Dangerous/vicious dog proceedings are quasi-criminal proceedings brought by the Commonwealth against the owner of a dog who has injured a person, in the case of the vicious dog proceedings, or another animal, in the case of dangerous dog proceedings. See Va. Code Ann. § 3.2-6540 (dangerous dogs), § 3.2-6540.1 (vicious dogs)
Dangerous dog proceedings can result in significant costs to the owner and restrictions on the dog, including the requirement to wear a muzzle when in public.

As of October 1, 2019, Virginia law allows the defendant and the Commonwealth to enter into a deferred adjudication agreement, in which the defendant basically agrees to treat the dog as dangerous for a year, and then, if no other problems occur, dismiss the charges. Please contact me for more information.

Vicious dog proceedings, unfortunately, can result in the euthanasia of the dog, if the charge is upheld by a Virginia court.