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COVID-19 Questions & Answers
1 Answer | Asked in Family Law and Child Support for Alabama on
Q: Im 5k behind on child support since covid hit. I'm wondering what I should do & will I be going to jail for this?
Shane Michael Oncale
Shane Michael Oncale answered on Feb 13, 2021

You should immediately consult an attorney or file yourself to have your child support payments suspended or at least reduced. One of the big secrets of child support that they should make you aware of when you are first ordered to pay but don't is that if something happens in your life that... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Can I sue for an employer giving me grief and writing me up due to school schedule issues caused by COVID?

I am being constantly harrassed by my employer due to the fact that I have kids, and the current school schedule has caused me to be late. I have also requested the same schedule that has been allowed for another employee, but was denied the same curtesy.

Ina Shtukar
Ina Shtukar answered on Feb 13, 2021

Are you a member of a protected class? Based on race, color, national origin, gender, age, or disability? If you are a female and your coworker is a male individual, you could have a potential claim for discrimination. Similarly, if you are an African American and your coworker is white, you may... Read more »

2 Answers | Asked in Civil Rights, Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Texas on
Q: Can police legally unlock and search my glovebox without a warrant

I was recently stopped for an expired registration which if I'm correct right now is not even stoppable offense due to covid-19 and subsequently pulled out and surendered marijuana from my person to the officer he then without saying anything else to be watching his car got gloves one over to... Read more »

Brian Foley
Brian Foley answered on Feb 12, 2021

You're best legal challenge would be the reason for the initial detention. In Texas a police officer has to have reasonable suspicion that a traffic violation has occurred to pull over a vehicle. If the only reason the officer had to pull you over was the expired registration sticker it may... Read more »

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1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Does taking a breathalyzer create a legal 90-day suspension contract for first offenders? (Massachusetts)

I was suspected of an OUI (first offense) and took a breathalyzer because I was under the impression that my license would be taken for an automatic 90-day suspension. After the 90 days, I was told by the Registry of Motor Vehicle Appeal Board that they wanted to hold my license until my case was... Read more »

Frederick Lewis Stoker III
Frederick Lewis Stoker III answered on Feb 12, 2021

There is no contract here. Driving is a "privilege" and not a right and therefore it is easier for the government to suspend or revoke your driving privileges. You should use the Find a Lawyer tab at the top of the page and consult with an attorney about the next steps, if not in the very... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Can I sue my orthodontist for not properly doing their job?

I have been paying for my sons braces now for quite some time, he was only suppose to have the braces for 18 months. He’s had them on for about 4 years now. My contract includes them fixing broken brackets and fixing anything else that might happen which I pay for. My son hasn’t been to that... Read more »

Robert Dourian
Robert Dourian answered on Feb 11, 2021

If you can get another orthodontist to say your son's orthodontist acted below the standard of care and negligently harmed your son, then unless your son is over 18 years of age, you can file a lawsuit for malpractice on behalf of your son, as his Guardian ad litem. California has a 1 year... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I was locked out of my warehouses with no eviction notice or court order how can I get my machines back

I was given the company to see if I could build it and none of these people honored the covid rules

Octavio Velarde
Octavio Velarde answered on Feb 11, 2021

Depending on what your lease agreement says and damages are, I would file a suit in court and ask for immediate injunctive relief. I would probably also seek punitive damages. California has strict prohibitions on landlord self-help remedies. I would contact a landlord–tenant lawyer immediately.

1 Answer | Asked in Child Support for Missouri on
Q: State of Missouri. I called child support to get mom to pay child support. They said they cant do anything due to covid

Is this true?

Caroline Bundy
Caroline Bundy answered on Feb 11, 2021

It depends on who you called. Is there a current income withholding order in place? I would reach out to DFS to see if they can help. Otherwise, I'd recommend seeking legal counsel from a family law attorney.

1 Answer | Asked in Animal / Dog Law for Minnesota on
Q: My best friend got a dog 6 yrs ago. She travels for work, knowing I was already helping take care of her cat, I begged

Her not to get one. The 1st 2yrs I had the dog every other week plus any personal holidays she took. The next 3 yrs I had him from Sat mid=afternoon until Friday morning. (Yes 5=6 days per week) Occasionally Thurs pm if I brought him to her. Then covid. No Travel. We shared for almost a year, but... Read more »

William Bailey
William Bailey answered on Feb 11, 2021

If you take something that isn't yours you have committed a theft. You could face both criminal and civil consequences.

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son has 2 boys 9 and 10 years old. He and the mother were together for 4 years. He paid everything including ins.

insurance and her mothers rent and taxes. They split and she only allowed him 1 hour on Sunday to see them and only what she said they can do. Now its at 2 hours but he has not seen them in 10 months. He try to call them at the assigned time she gave them but has instructed boys they dont have to... Read more »

Sharita Blacknall
Sharita Blacknall answered on Feb 10, 2021

Your son needs to hire an attorney to file a suit affecting the parent-child relationship. This will give him an enforceable order regarding visitation and child support. If the mother does not follow the court's order the Judge has the option to give your son extra visitation days to make up... Read more »

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1 Answer | Asked in Family Law for Massachusetts on
Q: I had to file contempt for my ex to provide his financial statement. He has yet to do so. What’s the next step for me?

A week has past since the contempt hearing where the judge verbally told him to provide this info to me.

Brian Waller
Brian Waller answered on Feb 10, 2021

In my experience, judges don't have a lot of patience for things that aren't a good use of their time, like having a hearing that doesn't accomplish anything because one party hasn't provided info they were supposed to provide. Judges have a lot of discretion in how they handle... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Indiana on
Q: Can landlord sell the home after I have been renting for 19.5 yrs, lease isn't up and new people r sueing and evicting

Us what can we ask our lawyer to due, I don't believe paying for move and deposit, is enough after us loosing our home after 19.5 yrs, and during this pandemic and winter

Troy Tyson
Troy Tyson answered on Feb 10, 2021

Your landlord would not be prevented from selling the property to another owner. However, whether the new owners are justified in filing an eviction against you would depend on if you have violated a term of the lease or one of the tenant obligations called for under Indiana law.

1 Answer | Asked in DUI / DWI for Michigan on
Q: I have a 3rd dui, will I do some jail time, during the Corona virus
Frank B. Ford
Frank B. Ford answered on Feb 9, 2021

IF you are convicted of an OWI 3rd, there is a mandatory 30 days jail, and it can be up to 5 years. Without knowing more, it is impossible to say if you will actually be convicted of that. If you are convicted of OWI 3rd, the Judge may not make you serve it right away, given the pandemic. Even... Read more »

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: My friend's boss was covid positive last week Thursday, but he showed up to work today on Monday. He won't leave too.

How can she protect herself and her co-workers and does she have a legal case?

Ina Shtukar
Ina Shtukar answered on Feb 9, 2021

Interesting scenario! If your fried becomes sick (only if she becomes sick), she would probably have a cause of action under the workers' comp act. Many states now have a presumption for COVID, which makes it work related and compensable. However, based on the fact that the boss was aware of... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: Violation of Probation for restitution not being paid in full prior to probationary period ending

I was convicted of felony theft, over $10k under $100k. I was sentenced to 4 years incarceration, all but one suspended and 5 years probation. I was also ordered to pay restitution in the amount of $47,000. I paid monthly what I could afford, abided by the terms of my probation and was released... Read more »

Mark Oakley
Mark Oakley answered on Feb 8, 2021

Assemble all your payment records and income verification and bankruptcy info, which will show your good faith efforts to pay. I do not see you being violated for inability to pay such a large restitution obligation. Nobody gets violated for not having enough money. Your probation should be closed... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord force me to have showings and open houses during the pandemic?

I rent a single home in Florida and the owner's realtor is having showings and I feel it's a safety risk to my health having 60 people coming to the house. I have a compromised health issue and I fear getting sick and in 1 day the realtor allowed 60 people to walk around the house. Is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 8, 2021

While I can see why you are concerned, as far as I have heard or read about, none of the provisions in the federal government's PPP or stimulus legislation provides tenants any protection from this unique situation. However, since it appears that your landlord is trying hard to sell the house... Read more »

1 Answer | Asked in Child Custody for Maine on
Q: During covid times, going through a custody hearing, how do I speak for myself, bring a witness or present documents?

Other parent has been around there whole life but his living conditions are why we are in court after warning him several times to improve them or we're going to court. But I am the bad parent for keeping them from him for 3 months until we went to court? Their 8 and 9.

Robert Guillory Esq
Robert Guillory Esq answered on Feb 6, 2021

in most Maine courts during covid hearings are conducted via the zoom video conferencing platform. Preliminary motions and conferences are being done by telephone conferences. At some point your case will have a pretrial conference and you will tell the judge or magistrate how many witnesses you... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Have small Maryland office condo with nonpaying month to month tenant. We have been paying condo fee & property tax.

The tenant has means & finances but just using Covid to his advantage. How can we evict 3/31 or can we at least convert to triple net to free ourselves of recurring expenses? Can’t afford the $2500 retainer or the hourly rates. Thanks!

Mark Oakley
Mark Oakley answered on Feb 6, 2021

If this is a commercial lease--not a residential--then give 30 days written notice to vacate (it's month-to-month), or whatever longer period is required by the lease, and when they fail to vacate you file for eviction based on tenant holding over beyond the term of the lease, or immediately... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My tenant has taken in two adults during COVID without notice or authorization from me.

The rental agreement was for her and her two young children. She is also only paying 25% of rent. What can l do?

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

It would seem that she is in breach of the lease re: occupancy. You can give her a 3 day notice to correct or quit, and a 60 day notice to quit, depending on the Covid restrictions in your area. You need to discuss with a local tenant rights attorney.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Landlord - Tenant for California on
Q: May I serve a tenant with a 90 day vacate notification during COVID-19? He has paid his rent timely.

Is a notice to vacate the same as eviction?

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

A notice to vacate is an eviction. There are limits as to evicting tenants during Covid, these vary by city/county. You should discuss this with a Real Property or an Eviction specialist in your local area.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Probate for Nebraska on
Q: I am a resident of Massachusetts - a Nebraska county court judge is trying to force me to appear in person during covid

i am the PR - I do not want to have to come to nebraska during covid - do I need to file for an injunction in Nebraska before filing in federal court in Massachusetts?

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2021

You might move to be removed as Personal Representative. But all assets that have come into your possession would have to be transferred to the new, proposed PR. Federal Court probably has no jurisdiction in this matter, and if a Court wants a hearing, that is the Judge's discretion, not... Read more »

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