Are you in a situation in which you feel as though you may be the victim of domestic violence? In some cases, a person who’s being abused doesn’t realize that what’s happening to them is illegal. They think of domestic violence as physical abuse. They believe that unless they are beaten by their spouse, they’re not a victim of domestic violence.

In the state of California, this is not necessarily true. With the passing of our Domestic Violence Protection Act, many types of abuse are covered and there are steps that can be taken to get out of the situation. If you are being hurt by someone who is trying to control you or maintain control over you, then you may be the victim of domestic violence. Read on to learn more about the definitions of this terrible crime and then reach out to Law Offices of Torrence L. Howell at (909) 920-0908 to find out how we can help.

There are many types of domestic violence

In the state of California, the law is clear that many types of abuse qualify as domestic violence. For example, if you’re being verbally abused then it may qualify as domestic violence. This includes a person making comments that are designed to belittle you, undermine your self-worth, or put you into a situation in which you feel powerless.

Reproductive control, in which a spouse or romantic partner forces a person to get an abortion or who hides, destroys, or refuses access to birth control can also qualify as domestic violence. Likewise, financial abuse, in which an intimate partner works to ensure that their partner is financially depending on them by disallowing their partner from having a job or by keeping money from them, is a form of domestic violence.

Spiritual abuse, in which a person’s religious believes are attacked, destructive acts, in which a person destroys property or pets of the other, and identity abuse, in which a person threatens to release personal information like gender identity, immigration status, HIV status, etc., are all forms of domestic violence.

There are many steps you can take to protect yourself

IF you’re not sure if your situation qualifies as domestic violence then your next step is to contact Law Offices of Torrence L. Howell at (909) 920-0908. We can clarify how the laws affect your case and can provide protection for you. This may come in the form of getting restraining orders issued, or getting the police to file criminal charges against your abuser.

Call today for a free case evaluation

The good news is that no matter how scared you are today, there is help out there. At Law Offices of Torrence L. Howell, we’re proud to offer a free case evaluation. All you have to do is call us at (909) 920-0908. We are discrete and can help you get safe before you get out. Don’t wait. Abuse never gets better – only worse. You are in danger when you don’t have to be. Call us or the police right away.

If you’re a person who creates creative content, then you may need to acquire copyright to ensure that your property is your own. Only a business law attorney can help you understand what gaps there are in common law. It’s true that as soon as you publish a piece you retain legal copyrights without doing anything else, this coverage is not always enough. Read on to learn more and then reach out to Law Offices of Torrence L. Howell at (909) 920-0908 to learn more about your options.

Not every type of work is eligible for copywrite

According to Title 17 of the U.S. Code, which is often simply referred to as the federal Copyright Act, copyright applies to works of authorship that are fixed in any type of tangible medium. For example, here are some types of work that are eligible for copyright protection:

• Literary works
• Sound recordings
• Musical works (this includes both music and words)
• Graphic, pictorial, and sculptural work
• Dramatic works (this includes both words and music)
• Pantomimes
• Choreographic works
• Architectural works
• Movies and other types of audiovisual work
• Sound recordings
• Engineering designs
• Software codes

Note that these are just examples and not an exhaustive list of every type of work that can enjoy copyright coverage.

There are a number of rights that come with copyright

If a person holds the copyright on a work, they get a number of rights. These rights include reproducing their work, distributing their work, preparing derivative works on their original work, performing the work either live or via digital audio transmission, and displaying the copyrighted work both publically and privately.

Copyright exists from the moment of publication but must be registered to file a complaint

You don’t have to register your copyright if you want copyright protection. However, if you have work that originated in California or elsewhere throughout the U.S., then you must register it before you can begin copyright infringement action.

There are other benefits that come from filing for a federal copyright. They include the ability to use the copyright notice to prove an individual or company didn’t “innocently” steal your copyright, the facts included in the certificate provide clear evidence of when the copyright began, and if the registration is made within three months of it being published, or before the work is infringed, then you can include damages and attorney’s fees in any court action against an infringer.

Reach out to a business law attorney today

If you have copyright issues, or you want to protect a work you’ve created that you haven’t had issues with yet, then you should reach out to Law Offices of Torrence L. Howell at (909) 920-0908 right away. We can help with everything from drawing up contracts with co-creators to pursuing action if your copyright is infringed on. All it takes is one call and we can help you find the best options to move forward. Call today and let’s get started!

No one should have to live in fear. However, at Law Offices of Torrence L. Howell, we’ve seen it time and time again. One half of a married couple wants to divorce and the other wants to continue controlling them. The fear a spouse feels when they’re the victim of domestic violence can make it difficult to take care of children, stay safe, and even function on a base level. If this is your situation then it’s time to reach out to Law Offices of Torrence L. Howell at (909) 920-0908 for help.

What is domestic violence?

In California, the definition of domestic violence is very specific. In order to be considered domestic violence, and not general assault and battery, the abuse must have come at the hands of a spouse or former spouse, co-parent, person you’re dating, or close relative. While the abuse is often physical, it doesn’t have to be to qualify as domestic violence. Physical threats, harassment, mental and sexual abuse, and child abuse are all considered domestic violence when perpetrated by one of the parties listed above.

An attorney is here to help you every step of the way

You don’t necessarily need a domestic violence attorney to help you with your case. That said, working with one can make all the difference. If you’re currently in danger, we can help you secure an emergency protective order. This order lasts for five days and is issued at a hearing at which the abuser is not allowed. We will be there by your side. These five-day emergency orders are almost always granted and are the first step toward getting safe.

Once we’ve gotten you through the first step of obtaining a five-day order, we can discuss your other options. If you’re currently married to the abuser, then we can work on divorce filings, spousal support, and child support if applicable. If you share a child and are not married, then we can work exclusively on child custody and ensuring your child is safe as well.

It’s often the case that after we get the five-day emergency restraining order, we’ll work to have it extended. Options include a 21-day temporary restraining order. This is likely what we’ll secure if we intend to continue gathering evidence and building a case. If the case is already made, then we’ll likely file for a permanent restraining order. Despite what the name says, “permanent” here just means five years. However, we can continue to apply for its renewal every five years.

We can help with every aspect of family law

At Law Offices of Torrence L. Howell, we understand that getting away from an abuser is not always as simple as just walking out the door. If money is keeping you back, we can work on getting you alimony, whether temporary or permanent. If you’re scared, we can work on getting a restraining order filed. If you’re worried that you’ll lose your child, we can work on child custody. The bottom line is that we are here to help with every aspect of a terrible situation. Call us at (909) 920-0908 to get help right away.

Splitting up from a partner can be traumatic enough but when there are kids involved, it can be devastating. If you’re stuck in a relationship because your co-parent refuses to consider a reasonable custody agreement, then it’s time to put an end to it. If you’ve tried to play nice and have tried to compromise and they simply won’t do the same, then you need to call Law Offices of Torrence L. Howell at (909) 920-0908 to get the matter resolved.

We will take your case no matter what needs to be done
No matter what needs to be done, you can count on Law Offices of Torrence L. Howell to be there for you. The easiest, fastest, and most affordable option is to seek agreements outside of court. We will do our best to accomplish this. However, if necessary, we are not afraid to take your case to court. We are not afraid to fight for your family. Our only goal is to protect your child’s best interests.

Many factors can affect custody agreements

The court’s job is to take your child’s needs and best interests into consideration. As they work to assign custody, both physical and legal, they are going to consider a number of factors. They’ll look at the moral fitness of both parents, as well as your mental and physical health. They’ll consider how able each parent appears to be able to provide stability for the child or children in question. They’ll consider how long the child or children has lived in a stable environment and will typically prefer to keep a child in a stable environment rather than change it.

The court will consider what the child prefers, if they determine that the child is able to make that decision, and the court will consider how able each parent is to meet their child’s developmental needs. Finally, if either parent has a criminal record, that will be taken into consideration, with extra consideration often being given against a parent who has been convicted of domestic violence against the other parent.

We can help with any custody needs

In California, almost anyone who has a strong emotional bond with a child can appeal for custody or, at a minimum, visitation. That is, assuming it doesn’t interfere with the rights of the parents. For example, a stepparent, grandparent, etc. can try to get custody or visitation.

We have more than two decades of legal experience and are ready to help with any and all child custody needs. Whether you need help seeking, modifying, or enforcing orders, or help with child relocation, we can help. From paternity to guardianship, we are here for you.

If you’re stuck in a rut and don’t know how to get custody, or if you know you deserve visitation but your co-parent simply won’t agree, then it’s time to reach out to Law Offices of Torrence L. Howell at (909) 920-0908. We will fight diligently for the best possible outcome for your child.

No one gets married with the idea that they’ll get divorced. Every marriage has tough spots. Some of them are worth working through while others may be a sign that it’s time to call it quits. If you feel as though your marriage has been going through a “down” period for a long time and there’s no sign of light, then you may be considering contacting a divorce attorney.

At Law Offices of Torrence L. Howell, we can’t tell you if now is the time for you to get divorced. What we can do is offer support once you’ve made the decision. Read on to learn four signs that can often indicate that the end is near. If you see your relationship reflected here, or if you simply want to know more about what your options would look like, reach out to us at (909) 920-0908.

1. You no longer have anything in common

Did you and your spouse used to have a lot in common? Did you used to enjoy common activities but now you don’t seem to spend any time together? That can be a bad sign. In fact, this is one of the most common reasons for older people to get divorced. They may have gone through the process of raising their kids, but once they’re on their own they realize that they no longer have anything in common – or anything to keep them together.

2. There are money secrets

It doesn’t matter how your finances are managed – if either one (or both) of you are lying about money or spending, then that can be a very bad sign. In most cases, it means two things. First, it means that there’s a lack of truck between the two of you. Second, it means that you likely have trouble working together on financial goals.

3. You’re no longer intimate with each other

If you and your spouse are no longer sexually active, or if one of you simply participates because they feel that it’s their job, then you could be facing a serious problem. More than just an issue of physically intimacy, this can be a sign that you no longer share emotional intimacy.

4. You either fight all the time or never at all

As far as disagreements go, marriages on their way out often go one of two ways. One option is that the couple fights all the time. They argue about money, they argue about who’s taking the kids to soccer practice, they argue about who started the argument – it may seem as though it’s never ending. The other, opposite option is that the couple can avoid fights at all costs. This may mean that they simply don’t care enough to take a stand.

Even if you see yourself reflected in every one of the above points, that may not necessarily mean that you’re bound for divorce. However, if you feel that you might be then it’s a good idea to get sound legal advice. You can reach out to Law Offices of Torrence L. Howell at (909) 920-0908 to get started with a free legal consultation.

If you intend to form a partnership in order to conduct business then it’s wise to at least consult with a business law attorney first. There are many potential advantages to forming a partnership, including the combining of talent and the divided risk, but there are also risks. Depending on your particular partnership, risks could include being legally responsible for any mistakes or other actions your partner takes.

Due to the combination of advantages and risks, along with the many decisions that must be made, it’s best to have an attorney advise you before moving forward. At Law Offices of Torrence L. Howell, we’ve been providing business law services for many years. Read on to learn more about what we can do when you form a business partnership and then call us at (909) 920-0908 to make an appointment.

We’ll help you determine if partnership is the right way forward

When an individual wants to go into business with one or more people, a partnership is an option. However, it’s only one option. There are other choices, such as incorporation, that may work better for your specific situation. When you reach out to us at Law Offices of Torrence L. Howell, we’ll go over your needs and offer our legal advice about the available options and which structure may be best for you.

There’s more than one type of partnership

Once you decide that a partnership is the right way forward, you’ll then have to choose between a general partnership or a limited partnership. If you choose a limited partnership, then your personal assets will be protected. Additionally, your loss would be restricted to what you invested – assuming you actually act as a limited partnership. On the other hand, a general partnership can lead to personal bankruptcy. Judgements or claims against the general partnership could put your personal wealth at risk.

We can help you with paperwork and contracts

When you’ve made a choice about the type of partnership, you’ll then need to follow the legal requirements set forth by the state of California. As one example, keep the California Franchise Tax Board in mind – they require that each partnership that either earns income in or does business in California files a Form 565. Another example is the annual tax that limited partnerships pay to the state.

These are just two examples of forms. Other documents you’ll need to provide will vary based on the type of business and other factors. At Law Offices of Torrence L. Howell, we can help with every step, from contract creation to ensuring you’re properly registered with the state.

Call us today to make an appointment with an experienced attorney

Are you ready to learn more about the specific ways in which we can help you? Call Law Offices of Torrence L. Howell at (909) 920-0908 today. We are here to start with a free case evaluation during which we can outline the basic options available to you and help you choose the right way forward. Never go into any business agreement without an attorney’s opinion – including a business partnership.

It wasn’t long ago that it was almost considered a given that the mother would get primary custody after a divorce. The father then got to see his children either every other weekend or perhaps just occasionally on holidays. This arrangement was disadvantageous for both sides. Men who wanted more time with their kids didn’t get it, and women who didn’t want to give their kids up at the ex-husband’s beck and call often felt like they had no options.

Today there are many other options. When you go through a California divorce, you can create a custody agreement based on what works well for your situation and for your children. At Law Offices of Torrence L. Howell, we want what’s best for the children involved and in many cases, that means shared custody. Read on to learn about this option and then reach out to us at (909) 920-0908 to set up a free consultation.

Shared custody tries to even the playing field

In a shared custody agreement, parenting is split down the middle – or as close as possible. Many agree that this is what’s best for most children. In fact, child development experts, psychologists, and researchers say that it’s superior to the older models. But what makes it so good? And who does it work for and who doesn’t it work for?

Old and new methods have different starting points

In older custody agreement methods, it was assumed that one parent having primary custody would help to minimize the conflict the child had to experience. Shared custody focuses on another issue: The benefits of having both parents active in their lives outweighs the disadvantages. Research has shown that kids whose parents have shared custody do better in school, are more socially successful, and have a more optimistic outlook on their future.

This option isn’t right for everyone

While shared custody can make sense for many families, it’s not always the best option. For example, if both parents don’t live within a half an hour of each other, then it can be difficult or impossible to have this kind of shared custody. Likewise, if one parent is out of town for work frequently, then that can be an issue. Finally, not every parent is fit to watch over their child, as sad as though situations are.

It’s important for parents to understand that if a custody agreement isn’t shared and instead one parent gets primary custody, there isn’t a “winner” and a “loser.” The purpose of a custody agreement is to give the children the best possible living situation. In some cases, that involves both parents. In other instances, it may not.

An attorney can help you fight for what’s best for your child

If you’re about to face a custody battle, or what to amend you previous custody agreement, then you need to reach out to a California attorney. At Law Offices of Torrence L. Howell, we’ll take a look at your case and let you know what your options are and what’s recommended for your child. Call us today at (909) 920-0908 to get started with a free legal consultation.

People who want to abuse their loved ones have a wide range of ways they can do that. One of their common tactics is to harass a person to make them feel scared and powerless. This can be a particularly difficult situation because it’s common for the victim not to even know that it’s harassment and that it’s illegal.

If an intimate partner has been stalking you in person or over the internet, has been threatening you, or has been harassing you via phone, text, or email, then it’s time to reach out to a domestic violence attorney who can help. Call Law Offices of Torrence L. Howell right away at (909) 920-0908 for your free case evaluation.

A domestic violence attorney can help in a number of ways

If you’re afraid of an intimate partner or family member who’s been harassing you, then it’s time to contact a domestic violence attorney. There are several ways we may be able to help. The first step will be for us to listen to your store. We’ll look at the evidence and will recommend the right restraining order for your case. This first step is designed to stop the harassment while we look for other avenues that can create a more permanent solution.

An emergency protective order may be the right move

If you’re being stalked and / or harassed, then we may start by petitioning the courts for an emergency protective order. This is a particular type of restraining order that offers five days of protection from anyone who’s stalking or otherwise harassing you. This only lasts five days, but it’s the easiest type of restraining order to have issued. As a result, it’s often the first thing we do. We then gather more evidence so we can file for a longer-term restraining order.

We may file for a domestic violence restraining order on your behalf

With this type of restraining order, the person abusing, harassing, or stalking you must have one of a limited number of relationships to you. They can be a spouse or romantic partner, a lover who lives with you, an ex romantic partner, a blood relative, or a person you’re related to by marriage. This can be secured for between 15 and 21 days initially. We’ll then get an opportunity to present arguments to have it extended for as long as three years.

We may file for a civil harassment restraining order

If you’re being threatened and / or harassed by a family member who doesn’t qualify under California’s domestic violence laws, like a cousin or an uncle, then we may file a civil harassment restraining order. This would also be our top choice if the person harassing isn’t a romantic partner or a family member. For example, if a friend or neighbor was harassing you.

No matter what your situation is, if someone is harassing you then you’re in a serious situation. This is not something to take lightly. Contact Law Offices of Torrence L. Howell at (909) 920-0908 for a free legal consultation. We can provide you the compassionate, professional care you need to find the solutions for your situation.

New business and employment-related laws passed in California in 2017 have affected all types of litigation and companies of all sizes. These laws are constantly changing, which is one of the reasons you need a business law attorney who keeps up to date on the changing laws. Read on to learn more about some of the most recent laws and feel free to reach out to Law Offices of Torrence L. Howell at (909) 920-0908 with any questions.

SB1241 affects employment contracts

An employee who both lives and works in California can’t be forced to sign an employment contract that says they must resolve complaints or have disputes decided under the laws of a different jurisdiction, according to SB1241. The point of this law is to prevent employers from making their employees litigate or arbitrate outside of California.

Since California law is generally protective of laborers and workers, the purpose of this law is to prevent employees from losing the protections of California. This is generally in favor of the workers, but it can also help California employers by only requiring that they stay up to date on California business laws.

AB1676 and SB1063 both amend the Fair Pay Act

The Fair Pay Act in California got a few changes in 2017. The first, SB1063, furthers the laws to cover a person’s race and ethnicity. AB1676 essentially prevents a company from using a person’s prior salary as an excuse against paying employees of opposite sexes vastly different salaries.

In the past, an employer could claim that they’d paid a woman less than a man doing the same job because the woman had a lower salary in her previous position. This is not allowed under California Fair Pay Act any longer. That said, there are still reasons a company can legally pay workers of opposite sex different salaries, including those workers having different levels of experience.

AB2337 adds protections for victims of sexual assault, domestic violence, and stalking

The new law AB2337 requires that an employer tell their employees who’ve been victimized by harassment, stalking, or sexual assault that they legally have the right to take time off from work. This applies only to businesses with 25 or more employers.

The employee can take this time to get medical care, get counseling, make a safety plan, or for other services they need. Their employer can’t penalize them for taking time off because of domestic violence, stalking, or sexual assault, as long as the employer has certification that the time off was for one of the reasons covered above.

These are just a few of the new laws that have taken effect in 2017. If you and your company are in need of business law help, then you’re in need of Law Offices of Torrence L. Howell. We can help with everything from payroll disputes to business litigation to adding or removing a partner. Call us today at (909) 920-0908 to set up a time for a consultation.

When a couple is divorcing and one spouse requests alimony, the court looks at several things. Most notably, they consider the need said spouse has for alimony and the other spouse’s ability to pay said alimony. A recent case that went before the Second District Court of Appeal dealt with the first issue: Who’s job is it to determine whether or not the spouse requesting alimony can or can’t work?

The case was clear that in almost all cases, the burden falls to the spouse who claims they aren’t able to work or that they can’t work enough to support themselves. Read on to learn more about the case that resulted in this conclusion. If you have questions about your own divorce or spousal support, reach out to Law Offices of Torrence L. Howell at (909) 920-0908 for help.

More about the case in question

In the case that went before the court of appeals, the wife left the husband in 2013 after being married for 26 years. About a year after leaving her husband, she filed and was granted a domestic violence restraining order. It prevented the husband from getting within 100 yards of his wife. The husband then requested spousal support because he claimed that he couldn’t work in his field of sheet metal because he had a physical disability that he didn’t disclose.

The court noted two things about this claim. First, the Social Security Administration had already denied his request for disability insurance for these alleged injuries. Second, he never mentioned during divorce litigation that he was actively doing anything about looking for work.

The husband appealed

The husband didn’t like the court’s decision that he wasn’t eligible for alimony. He believed that he was wrongly denied alimony due to prejudice regarding the restraining order against him. The Second District did not agree. They supported the trial judge’s decision that the husband had not proven that he couldn’t support himself.

The Court went on to point out that the husband was young and had previously retired for reasons that had nothing to do with his alleged disability. They also said that he could find work without giving up his pension. This Court also took into consideration that he’d been turned down for Social Security Disability and that there was evidence that he was doing repairs on his home, which led the court to believe that his injury wouldn’t definitively prevent him from working.

The husband could have better supported his case

At Law Offices of Torrence L. Howell, if we were representing the husband there are several things we would have done to help his case. First, we would have shown the jobs he was being passed over for. second, we would have had him evaluated by an unbiased physician to show his injuries. Either or both of these steps could have resulted in a different outcome. It appears as though the man may have not felt he was eligible for alimony after all.