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COVID-19 Questions & Answers
1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Do I have to have a witness for uncontested divorce to be granted in Ohio?

I'm getting divorced end of the week and my witness has COVID and can't attend. It is an uncontested divorce since we agree on everything and we will both be there. Do I have to have a witness to be granted the divorce if the defendant is present and in agreement?

Joseph Jaap
Joseph Jaap answered on Oct 27, 2020

If both spouses are present, and both testify to the grounds for divorce and advise the court they want to terminate the marriage, then no other witness should be required, and the court should grant it, although it depends on your local court and ultimately the judge decides. But if the defendant... Read more »

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: If a month to month lease is over can I tell a tenant to leave during covid in NJ ?
Morris Leo Greb
Morris Leo Greb answered on Oct 27, 2020

You should send the tenant a notice the lease period ends at the end of the next month at least thirty days prior the end of the lease term. For the notice to be effective for November 30th, the tenant should receive notice on or before October 1st. If you wish, you may advise the tenant that the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: When can a landlord can file an FED after tenant failure to cure after a Notice for cause? After 14 days, or after 30?

ORS Statutes are contradictory. 90.392 Termination of tenancy for cause; tenant right to cure violation. “…..after delivery of written notice a landlord may terminate the rental agreement for cause and take possession as provided in ORS 105.105 to 105.168, unless the tenant cures the violation... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 27, 2020

It may seem a bit confusing but it is not in reality. When a landlord issues a 30 Day For Cause Notice, it must be in a writing (NOT email or text) containing all the required information; be lawfully served; a provide the tenant at least 14 days to "cure" the violation(s) OR at least 30... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Georgia on
Q: If an individual has been in jail for 90 days and hasn't been indicted or granted bond,the judge is in violation of wha?
Jermario L Davis
Jermario L Davis answered on Oct 26, 2020

The statute that you are referring to is o.c.g.a. 17-7-50....if true, the judge would be required to set a reasonable bond upon petition by the Defendant. There are exceptions if the state intends to seek the death penalty. Specifically, the state can seek additional time (90 more days) to... Read more »

1 Answer | Asked in Traffic Tickets for California on
Q: A while ago I purchased my first car and I recently got pulled over and got a citation for my tags and/or registration

Bought my car from a Mexican family that spoke 0 english and I had to use google translate to communicate. I don't have much family so I didn't have anyone to let me know better and I never got the car registered and the tags were expired and that's why I got pulled over. Maybe... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 26, 2020

First, the pandemic does not affect what you say in court. Your first appearance is an "arraignment" where you plead guilty or not guilty. If you show up with valid current paid up registration in hand it will go much better for you than if you say "I got this ticket 3 months ago... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: I have been denied medical care because I refuse to wear a mask and get temperature taken. Can someone help?
Charles M.  Baron
Charles M. Baron answered on Oct 26, 2020

As far as legal help, no. The medical provider is legally entitled to protect its staff and other patients from potential Covid carriers, which is most of the population. Also, even when there's no Covid, the first thing done by medical staff is to take your temperature and other vitals,... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I’m a citizen. My mom and 14 year old brother live in Mexico. Can I petition them together to speed up sibling process

Im 23 year old citizen. My mom came to the U.S illegally and returned voluntarily to Mexico in 2002, no deportation. She’s been in Mexico ever since. I know I can petition her and it’ll be fairly quick process. But she also has my brother who is 14 and he can’t stay in Mexico alone. Is there... Read more »

Mario Musil
Mario Musil answered on Oct 26, 2020

Hello,

You mother would be an immediate relative and you can petition for her and she would not have to wait for visa availability - meaning she could be a green card holder in about a year or so (not considering Covid delays). Your brother however is not an immediate relative to you and...
Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: How can I get people out of our property that are there illegally.

Recently we denied a potential tenant because they did not have proof of income, rent payment and a security deposit. They picked the lock to the unit and moved in. We told them to leave and they are saying they are going to stay because covid19 allows people to stay without paying rent. We are... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 26, 2020

Firstly, always remember that New Jersey Courts do not permit self help. If the facts as you state then are accurate then the persons occupying the premises are not tenants. They are trespassers. Go your municipal police station and sign a complaint for trespass. Also go to your municipal And... Read more »

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: I want to ask a judge to vacate their own judgment given on Sept. 24 2020, what day must motion be submitted by?

This is a case in Oklahoma regarding a quiet title claim. All 3 defendants were at court house and declined entry by security due to no masks (no signage etc existed stating masks required) they at first refused to provide masks then wile waiting for masks to be retrieved from car, security brought... Read more »

James Tack Jr
James Tack Jr answered on Oct 24, 2020

Motions to vacate generally must be filed within 30 days after the filing of the judgment, provided the judgment was mailed to the parties within 3 days. After the 30 day time period, requests to vacate must be done by petition. If the 30 day time period falls on a Saturday or Sunday, you have... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a tenant with medical issues required to allow people into a leased property that is being sold during pandemic?

Can they force the tenant to leave during the showing if it is required The tenant is 4 months into a 12 month lease

Gregory L Abbott
Gregory L Abbott answered on Oct 23, 2020

A tenant cannot unreasonably refuse entry to a landlord who has provided at least 24 hours advanced notice of their intent to enter. However, neither can a landlord enter so frequently as to harass the tenant or to seriously interfere with their right of quiet enjoyment of their dwelling and... Read more »

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: We are in WI. We are month to month lease. Landlord told us on 10/1/20 that we must move 11/1/20.

We have always paid rent on time. He is requiring us to move because he had to sell his primary residence. He has been unemployed and cannot afford his payment. He said he has to move back in here and we must move out. We have been unable to find a new place and are looking at being homeless. Can... Read more »

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Oct 23, 2020

Yes, he can. The CDC moratorium only applies to a landlord evicting a tenant due to the tenant's failure to pay rent if the tenant can prove certain things, including that the tenant's inability to pay rent arose from COVID-19 and the tenant has attempted to obtain money to pay the rent.... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: If a worker is fired for asking employer to follow CDC guidelines for COVID-19 is there a case?

My mother works in a small office and the owners have been getting lax in taking precaution when it comes to COVID-19. First, they came into the office to work sans mask, despite being in contact with COVID positive people and tried to hide it. They let my mom work from home for a bit while she got... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Oct 22, 2020

Generally, your mother would not have a cause of action unless there was an actual law, rule or regulation (as opposed to a non-promulgated guidance) requiring the wearing of masks and the company had a practice of violating it. On the other hand, if she were to join with a group of employees to... Read more »

1 Answer | Asked in Business Law for Pennsylvania on
Q: Can I sue my place of business if I contract covid?

A couple months ago, my place of business started a mask policy, but never enforced it. There were only a few people who wore a mask. Many higher-ups, who even started the policy, didn't wear the mask and considered the virus to be a joke. Today, somebody in the company has tested positive and... Read more »

Kent Petry
Kent Petry answered on Oct 22, 2020

These are new questions facing the court, but depending upon your injuries or specific facts, one of two scenarios is likely. Either, (1) you can file a suit for something like negligence, personal injury, or wrongful death against the employer, or (2) you can file a workers' compensation... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Can an employer enforce its employees to get flu shots?

From my understanding, in the past, my brother-in-law's employer (a medical group purchasing and supply chain services company) required their employees to get flu shots but did not enforce it. He hasn't had a flu shot in years because the last couple of times when one was administered... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 22, 2020

The good news first: There is Florida or federal no law that allows employers to mandate flu shots for all employees.

However (the bad news): There is no Florida or federal law that forbids employers from requiring flu shots for all employees--unless that requirement of employment in any...
Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord in Oregon sell a property that has a valid lease when only 4/12 months of the 12 months have elapsed?

Can they force us out because of the sale?

Gregory L Abbott
Gregory L Abbott answered on Oct 20, 2020

These are two totally separate issues. Yes, a landlord an sell the rental dwelling at any time but the buyer takes it with the tenants already there. The main difference is just who the tenant pays the rent to. Forcing you out because of the sale is potentially different. IF the buyer intends... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: I was hired by a company a couple months ago, can they fire me due to COVID?

I was hired by a company and I’ve been working for a couple months, I started experiencing Covid symptoms, I had to get tested because a person in my household works at a nursing home and if anyone she’s around experiences symptoms they must be tested before she can return to work, this company... Read more »

Claudia Reis
Claudia Reis answered on Oct 20, 2020

No, your employer cannot fire you. The Families First Coronavirus Response Act (FFCRA) provides employees, who work for employers with less than 500 employees, up to two weeks (or 80 hours) of sick leave paid at employees' regular pay rate if those employees are unable to work because they... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: I need to file a motion to continue an eviction case.

I have an eviction case trial set for Oct. 27th. today i learned i have covid 19. I tried to file a motion to continue but they said i have to set a date for a hearing. there is no way to contact the court. what do i do.

Maurice Mandel II
Maurice Mandel II answered on Oct 20, 2020

Your post comes from Oak Park near Westlake Village, I believe this is in the County of Los Angeles. The Superior Court for LA maintains a very extensive website with all types of instructions on how to reserve motion dates, how to make Ex Parte applications and other matters, specifically for... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: Can an employer in NJ force an office worker back into the office one day a week under EO 107?

Under EO 107, paragraphs 10 and 11 offices must provide telework options for employees where practicable.

With this EO in place today, October 15 2020, can an employer tell an employee who was working remotely that they must come into the office for one day per week, working remotely the... Read more »

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Oct 19, 2020

If an employee has a need to work from home for a medical reason (COVID-19 or otherwise) including pregnancy, to quarantine, to take care of a sick family member or to care for a child who has to participate in school at home, the employee could have rights to request a full work from home... Read more »

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Do I have enough to ask for full custody?

My question has been answered. Thank you!

Sharita Blacknall
Sharita Blacknall answered on Oct 18, 2020

You guys should probably sit down and have a rational conversation about a schedule that would be less stressful for him. If you guys come to an agreement, you can hire an attorney to turn your agreement into a legally binding court order.

If you guys cannot come to an agreement you can...
Read more »

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1 Answer | Asked in Employment Law for New York on
Q: Rights violation

At my work I put in for paid family leave of absence and the only one I told about it was human resources. A few days after some of my fellow coworkers we’re coming up to me saying I heard you were taking a leave soon? Do I have any recourse against the company I work for being that human... Read more »

V. Jonas Urba
V. Jonas Urba answered on Oct 16, 2020

What are your damages? It's one of the first questions an employment lawyer is trying to answer when they speak with you in an initial telephone conference.

Was there an adverse employment action? You were not terminated nor were you demoted with a loss in pay or passed over for a...
Read more »

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