Where and when should the shelter operator file the petition?

The law is unclear. It simply states that the shelter operator “may file a petition with the court.” It does not specify which court should hear the petition and does not impose a deadline for filing the initial petition. Operations are taking a variety of approaches. In civil cruelty cases, the attorney representing the shelter operator may wish to file a motion in the pending case. If the defendant is charged with criminal cruelty, some prosecutors may not want to address this type of petition in the context of a criminal case. In some of these cases, attorneys representing shelter operators are filing separate civil actions.