Handling Family Members During COVID-19 Holidays

There is always an abundance of emotion in a time of crisis. Right now, as we attempt to navigate through the realities of the COVID-19 pandemic, many of us are faced with an extra amount of personal, financial and professional stress, anxiety, fear and uncertainty. Marriage is hard enough during regular times; it’s even more heightened in a time of crisis, especially one where outlets, such as sporting events, bars and churches, have been stripped away from us. With stay-at-home orders and shuttered business, spouses (and their children) are being forced to spend much more time together. This normally wouldn’t be considered a bad thing, but in this environment, coupled with financial strains, many people may believe the only way out is through divorce. However, major life changes should never be made in heightened emotional situations. Though this type of decision may feel right at the time, it will almost always lead to regret, and possibly depression, once the crisis has subsided. Before making the rash decision to file for divorce in a time of crisis, consider the positive aspects of marriage and what you can do to help it successfully survive the pandemic. Communicate Openly and Often What you don’t say can be as harmful as what you do say. Having a strong foundation of communication, whether with your spouse, a friend or family, will help you start thinking rationally about how the current situation is affecting you and your relationship. It may be hard, but it’s important that you find a way to express yourself. More importantly, always take your spouse’s fears, dreams and frustrations into consideration. You aren’t the only one feeling the stress of the situation. Doing so can help each of you find a new way to release the negative energy that may be festering beneath the surface. Start or Resume a Hobby Whether it be gardening, household repairs or journaling, giving yourself something to do alone can help relieve the stress that’s building up individually and as a couple. Find Fun Things To Do Together Laugh, dance, watch Netflix, go for a walk — anything that removes you from the stress of the situation. Share in Parenting Duties Take turns teaching and spending time with your children. This will allow your spouse some much needed alone time. The Exception to the Rule – Abuse No one should remain in a marriage or a relationship with an abusive spouse. Mentally or physically, abuse is amplified in a crisis situation. If you are in an abusive relationship, please contact the authorities or talk to a lawyer to learn about your rights, how to safely escape your situation, and get legal protection. The thing to remember is, filing for divorce to save your marriage is never the answer, yet no two situations are the same. If you have questions, please feel free to consult King Law Firm Attorneys at Law via phone, online or in person. For more on this topic, check out our quick video.

When it comes to most restraining orders, laws vary in the way individuals are protected from harassment, stalking, sexual abuse, and other intimidating behaviors. However, there is one threat of potential harm that most states have overlooked—isolation. Reverse Isolation Leads to Abuse Affecting mostly elderly and dependent adults, isolation became prevalent in response to the COVID pandemic. To keep vulnerable individuals protected from acquiring a deadly infection, family members were denied access to their loved ones. The phenomenon of isolating healthy individuals from the public, also known as reverse isolation, or reverse RO, allowed caretakers to abuse their positions and keep elderly and dependent adults isolated based on a perceived threat, regardless of whether isolation was necessary. Those in a position of power could now control, exploit, or take advantage of these vulnerable adults and family members had no recourse against it. California Assembly Bill 1243 Is Signed into Law Because of the unique physical, mental, and emotional harm isolation may have on vulnerable adults, California Governor Gavin Newsome signed Assembly Bill 1243 into law. Taking effect on January 1, 2023, AB 1243 is an extension to the Elder Abuse and Dependent Adult Civil Protection Act. It grants someone with a personal relationship with an elderly or dependent adult the right to seek an anti-isolation restraining order to regain their ability to communicate with their loved ones. Why Is an Anti-Isolation Restraining Order important? The only individuals allowed to seek protective orders before the passage of AB 1243 were the elder or dependent adult or their conservator, trustee, or attorney-in-fact. Allowing for anyone to petition for an anti-isolation restraining order allows these vulnerable adults to maintain important and desirable familial connections and protects them from being abused or neglected. How to acquire an Anti-Isolation Restraining Order According to AB 1243, any interested party—defined as any person with a “personal, preexisting relationship with the elder”—may petition the court for an anti-isolation restraining order. Interested parties must provide evidence that: They have had significant contact (i.e time spent together and proof of a meaningful connection) with the elder prior to isolation; they have repeatedly been denied contact; the elder or dependent desires contact with them; and isolation has nothing to do with the elder’s desire to distance themselves from them. To begin the process, file the California Judicial Council Form EA-100 and/or the Request for Elder or Dependent Adult Restraining Order Allowing Contact (EA-300) with the court. A court date will be assigned within 25 days of the filing. If granted, the anti-isolation restraining order may last for up to five years and can be renewed if necessary. Anti-Isolation Restraining Order Exceptions Unfortunately, no one may seek an anti-isolation restraining order if the elder or dependent adult is currently in a residential or long-term care facility. Please speak with a qualified family law attorney at King Law Firm Attorneys at Law, Inc. if you feel your loved one is being isolated or abused. Check out our most recent episode of Gavels Down, Voices Up!

In March 2020, California Governor Newsom signed legislation for AB 3088, or the COVID-19 Tenant Relief Act (CTRA), putting a freeze on tenant evictions if they could prove a financial hardship due to the COVID-19 pandemic. The bill was a landmark piece of legislation that has helped plenty of tenants remain in their homes during this unprecedented crisis, however, many landlords have also suffered, as they are unable to meet their own financial obligations. The CTRA does include some protections for landlords, but that doesn’t mean it protects or mitigates them from all financial impacts. What can landlords do, then, under this law to help protect their investment? Contact Your Lender Some landlords may have cash in reserve to help them weather the storm. However, if you rely heavily on monthly rents to pay your mortgage, contact your lender to see what types of protections may be in place. Make sure to ask if your loan is backed federally. If it is, you may request forbearance in accordance with the CARES act to help you from becoming delinquent. If not, there may still be forbearance options and other state and federally funded programs or property tax breaks available. Seek Agreements from Tenants No one wants to cause undue burden on their tenants. Make good-faith efforts to help them as much as possible. For instance, if your current financials allow, waive rent for a month or two, postpone rent payments or create a payment plan that will help them get back on their feet. If you are struggling, ask the tenant if they can pay a small portion, or help them seek financial assistance from the government. Refer to the disaster loan assistance web page for guidance. Make sure to document these efforts. Evictions Although the CTRA Act places a moratorium on evictions due to COVID-19 financial hardships, a landlord may still evict a tenant for a variety of other reasons, including pet violations or nuisance claims. However, make sure to follow the steps mandated by law and seek the guidance of an qualified attorney before moving forward. For example, Landlords must provide their tenant with a Declaration of COVID-19-related financial distress along with any eviction notice. The tenant is required to sign and return this declaration within 15 days. This is just one of many requirements landlords must meet in order to evict a tenant while the CTRA is in effect. State Rental Assistance Program If a landlord chooses to file for the State Rental Assistance Program, they may be reimbursed for any unpaid rents up to 80 percent if the landlord agrees to waive the other 20 percent. Lawsuits Remember, the CTRA is a moratorium on evictions, not rent. Upon the termination of the CTRA, landlords may file a suit in small claims court (beginning August 2021) for all unpaid rents. You must prove that you have made all good-faith efforts in helping the tenant with this burden.